Court: Air Freshener Not An Offense, But OUI Stands

The Vermont Supreme Court says police were wrong to pull over a driver for having an air freshener dangling from his rearview mirror but the resulting drunken driving charge will stand.

The Bennington Banner reports the judges ruled a state law that says a driver's vision can't be obstructed didn't intend to include small objects such as the tree-shaped freshener hanging in Robert Hurley's car when police pulled him over in June 2013.

He was charged with driving under the influence and is still fighting the charge, saying strictly interpreting the law would ban things like parking permits or a garage door opener clipped to a visor.

The court ruled last week the DUI charge stands because officers may make a mistake of law if there's reasonable suspicion to investigate someone.