Reckless driving by impaired control or obstructed view is largely self-explanatory: when you load your vehicle to the point that you can’t use the side or rear view mirrors to operate your vehicle safely, you may be charged with reckless driving. That is the most common. Other common ways may be if you have loads of furniture, lumber, or trash hanging out of the sides of your vehicle, making it difficult load or difficult for other drivers to see around you. Below, a Virginia reckless driving lawyer discusses what evidence is needed in these types of cases and how to potentially defend against them. For more information, call today for a consultation.
Typically, the evidence that will be presented will be pictures. The code section says that the person shall be guilty of reckless driving by driving a vehicle that is so loaded or when their front seat contains a number of persons such that it obstructs the view of the driver or sides of the vehicle and it impairs the driver’s control. Essentially there are two different ways that you can get charged. If the driver can’t see other vehicles or the vehicle is loaded to a degree that it makes it difficult for the driver to operate the vehicle safely, they may be charged under this code section.
Therefore, pictures of the vehicle at the time of the offense, statements of the occupants of the vehicle, statements of the driver, and results of how the accident occurred are all presented at the time of the trial.
It is not typically thrown in just because an officer stops someone for an equipment violation or other traffic infraction and then notices an unusual number of occupants or items in the car.
However, if there are 3 people in the front passenger seat, this would be a more common scenario for the charge. If there is a situation where the driver didn’t pull over right away because he was unable to see the police officer’s signal because the rearview mirror was impaired, then that may be applicable too.
Transporting people to the hospital in a typical emergency situation that would be a legal defense to this charge. Other legal defenses would be that your vision actually wasn’t obscured and you could see and did not have impaired control.
If you have your caution lights on and you have a sticker on your vehicle, it is typically not a defense to this charge. You are responsible for operating the vehicle in a safe manner.
The elements of this offense are different. The types of evidence that will be presented are different. Penalties would be different as well, depending on the severity of the case.
Because the defenses for these types of cases are very fact specific, the reckless driving attorney will work with you to try and come up with a solid legal defense, which will include taking pictures, taking statements of other witnesses, and conducting legal research.
Just like all reckless driving charges, improper loading can have a serious effect on a Commercial Driver’s License (CDL). When you have been charged with this offense, you must contact an experienced reckless driving attorney right away.
Northern Virginia Criminal Defense Group
