Chesterfield Reckless By Control Impaired or View Obstructed Charges
A person can be charged with reckless driving by control impaired or view obstructed when they drive a vehicle that is over loaded or has a number of passengers in the front seat that it obstructs the view of the driver either to the front or the sides. This can also occur if a number of people in the vehicle interferes with the driver’s control over the driving mechanism of the vehicle. Examples of this charge could be a car loaded up with furniture or other items that impair the view or having three or more passengers in the front seat.
This is a serious charge that is tried as a criminal misdemeanor. As a result, it is important you consult with a Chesterfield reckless driving lawyer as soon as possible if accused.
Evidence Used in Reckless By Control Impaired Cases
In a case like this, the officer will present evidence to show that the car was loaded improperly and loaded as to obstruct your view or impair your control. This could be done either by showing that it was loaded up with furniture or other items or that it had too many passengers in the vehicle. For these types of cases, a Chesterfield reckless driving lawyer can present evidence showing that there was no obstruction, or that the way the car was loaded did not actually impair someone’s ability to operate the vehicle.
Other Circumstances That May Lead to These Charges
This charge may result when there are three or more passengers in the front seat of a vehicle or where the way the vehicle is designed is not being properly followed. In other words, if you have more passengers than the vehicle is designed to hold in a certain position—typically that’s going to be in the front seat—where it would impair your ability to operate the vehicle and impair your ability to see both out of the front and the sides.
Another instance where this sort of charge can be applied is when your view is obstructed either by passengers or the way the vehicle is loaded. Many times, this will be at the discretion of the officer whether to charge you. The police officers in Chesterfield will typically be given the discretion to make a determination as to whether they feel the obstruction created a reckless situation.
Building a Defense
The most important pretrial steps an attorney would take with a case like this would be to negotiate with the prosecutors to present evidence or get evidence showing that the way the car was loaded did not create an obstruction. An attorney could also take steps toward mitigation, like pleading a driving school or something of that nature.
Legal Excuses For Control Impaired Charges
There really are no excuses for having your vehicle loaded improperly. You can raise an issue that there was a legal or medical emergency that created the issue. Sometimes it can be raised by your Chesterfield reckless driving attorney and can be presented to the court if an emergency created a matter where you had to rush individuals in the vehicle. However, that would be a harder case to prove in court.
Do Caution Lights or An “Overloaded” Bumper Sticker Make An Impact?
A bumper sticker or caution lights do not validate improperly loading or having an obstructed view within the vehicle. If conditions exist that would render operation of the vehicle reckless, then you cannot operate it.
Impact on CDL Holders
A reckless driving charge of this nature can most definitely affect your CDL in Chesterfield. It can create an issue that results in the loss or suspension of your CDL privileges. In addition, it can also create a situation where you would lose your job. It’s very important to have counsel on this to attempt to get the matter reduced or dismissed, if possible.
