Reckless Driving By Obstructed View In Petersburg

Reckless Driving By Obstructed View In Petersburg

Reckless driving by control impaired or view obstructed is going to be where the driver has their vision blurred or obstructed due to either a tint, items hanging from the window, or other passengers in the car. Many times, reckless driving by obstructed view is charged when someone is driving with too many passengers or too much equipment is loaded up in the vehicle.

If you have been charged with this type of an offense, make sure you contact a seasoned defense lawyer to discuss your case and your options.

Evidence Presented

Most of the evidence presented in a reckless driving by obstructed view in Petersburg case is going to come from the officer at the scene. The officer who issued the ticket will give a testimony to what they saw occur. The evidence can be refuted by the defense by claiming that the police have mistaken what they saw. There is usually little physical evidence in these types of cases, therefore, the defendant needs an attorney who is experienced with traffic court and cross-examination.

Defenses

There is no legal excuse for someone having their vehicle overloaded outside necessity or duress. If the vehicle was overloaded because a life or limb was at stake, then that could be used as a defense. Other than that, the defendant is going to be assumed guilty of the charge.

It is possible for someone to have their charges mitigated if they had their caution lights on while the car was overloaded. However, it is important to understand that is not always the case.

Difference From Reckless Driving by Speed

The main difference in a reckless driving by obstructed view charge and reckless by speed is that, with a reckless by speed charge, there is no criminal intent that needs to be proven. The officer only needs to prove that the person was driving the vehicle at the speed that was clocked by the police via radar or pacing. With any other reckless driving charge, the state actually has to show more evidence than just the speed and they are going to be specific intent crimes other than general intent crimes.

Affect on a Commercial Driver’s License

Any reckless driving charge can affect someone’s commercial driver’s license. It is important to know that anyone who has a CDL and is charged with a reckless driving offense, cannot attend driving school in order to have the case reduced or dismissed. This means that there will not be negotiations and investigations done in order to get the matter reduced or dismissed.

Lawyer Pretrial Steps

There are several pretrial actions a lawyer is going to take concerning a reckless driving by obstructed view in Petersburg charge. If the officer was a body-worn camera or dash cam, then the attorney will look to see what the officer saw. The lawyer will also check to see how many passengers were in the vehicle and how they were positioned. As much information that can be gathered about the nature of the vehicle is helpful in building a defense. It is also imperative that the defendant’s lawyer talks to as many witnesses as possible so that they can a full view of what happened.