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Reckless Driving By Control Impaired or View Obstructed

Reckless driving by control impaired or view obstructed is when a vehicle is so loaded or when there are a number of passengers in the front seat that would serve to obstruct the driver either to view the front, back, or the side windows, or that the loading of the vehicle is such that they would interfere with the ability of the driver to control the vehicle. Typically, this is when a car is either loaded up with passengers in the front seat, or if the vehicle is loaded up with equipment or something that may obstruct the views or the operation of the vehicle.

If you are charged with this offense it is important you consult with a Richmond reckless driving lawyer as this charge is almost completely up to the discretion of the officer. To discuss your case and potential defense call and schedule a consultation today.

What Kind Of Evidence Is Presented In These Types of Cases?

The officer will attempt to show that the car was either loaded with passengers or other items such that it obstructed your view and your ability to see the roadway and other traffic, or that it was loaded in such a way that would obstruct or impair your ability to operate the vehicle. An attorney would attempt to refute this evidence by showing that you could, in fact, operate the vehicle for the loading or the passengers in the vehicle in no way obstructed the views involved.

This charge is actually very dependent on the officer. Whether to charge this as reckless is in the discretion of the officer. You can have more than one person in the vehicle, more than one person in the front seat, or more than two people in the passenger seat if it does not obstruct and if the vehicle is designed for that. So again, it is a matter of discretion for the officer if the number of passengers or the loading either obstructed the view or impaired your ability to control the vehicle.

Are There Ever Any Legal Excuses For Having Your Vehicle Loaded?

The only possible excuse would be if there was a medical emergency involved where you need the assistance of other individuals to hold a passenger or to treat a passenger while driving the vehicle. Again, that would be an affirmative defense. The other basic defenses you would raise on this would just be that there was no obstruction or no impairment to drive.

What If You Have a Bumper Sticker of Flashing Lights?

Having a bumper sticker saying overloaded or your caution lights on does not help if your view is obstructed or if your ability to operate your vehicle is impaired so that it would cause you to drive recklessly. Trying to take those mitigating steps does not protect you from this charge.

How is this charge different from reckless by speed in court?

This charge differs a little bit from reckless by speed in that it really is entirely up to the discretion of the officer and what they saw in presenting the case. They officer is just presenting what they viewed as your driving and what they saw as the passengers in the vehicle. While it is still a class 1 misdemeanor it’s presented differently in court so that an attorney would have to refute the officer’s testimony as to what they saw at the scene.

For this reason, some of the pretrial steps that an attorney can take in a reckless driving case like this are to present evidence to show that there was no obstruction or impairment to your ability to drive. They can also try and present steps for mitigation, whether that’s you completing a driving school or presenting a good record. Also, they can further negotiate with the prosecutors in an attempt to get an agreement to reduce or even dismiss a charge.

Can This Charge Affect A Commercial Driver’s License?

Reckless driving with an obstructed view or impaired control can result in either a suspension or a loss of your CDL license if you are convicted. Again this is a class 1 misdemeanor that carries up to six points. So if you were to be convicted of this and had a CDL, it could result in loss of the CDL license and loss of your job.