Driving When View is Obstructed (46.2-855) / Car Overloaded (46.2-855)

If you have ever moved to a new home, you most likely packed some of your belongings in your car. You want to fit as many boxes in as possible, even in the front seat. So, what if some of the boxes block your passenger window? Did you know that if you fill your car up to the point that your front or side view is obstructed, you could be committing the crime of Reckless Driving, Driving When View is Obstructed or Car Overloaded? The same risk applies when having too many people in your car. The worst part of this is that driving with too many passengers or too many items in your car is considered a criminal offense in Virginia, meaning it carries costly fines, potential for jail time, and the possibility of a license suspension, not to mention it will be on your criminal record for life. No one wants to face a serious criminal charge for a simple mistake, and working with a Fairfax Reckless Driving attorney can be a good way to protect yourself from this situation and get a better outcome for your case. At S&R Law Firm, we have helped many people beat a Reckless Driving charge, and we may be able to help you too.

In either of the scenarios described above, you can be charged with Reckless Driving under the Virginia Code Section 46.2-855. The Reckless Driving statute you would be in violation of is, Driving When View is Obstructed or Car Overloaded. The code states;

A person shall be guilty of Reckless Driving who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of the vehicle.

The statute states that you would be in violation of the law if the front or side view out of the car is obstructed. Therefore, you could be found guilty of Reckless Driving under 46.2-855, if you have more passengers than seatbelts or if you have too many items in your car. This normally does not include passengers or items blocking your rear window.

In these situations, a seasoned Reckless Driving lawyer may be able to help you negotiate a lesser charge and a lesser fine or punishment.

Reckless Driving is a Class 1 Misdemeanor and carries a punishment of up to 12 months in jail and/or a fine not exceeding $2,500.00. Additionally, Reckless Driving is a six (6) point offense on your driving record. A Reckless Driving conviction stays on your driving record for 11 years and Reckless Driving remains on a criminal record for the rest of your life and cannot be expunged.

In addition, points on your driving record can result in license suspension, which could prevent you from traveling to work or school, or participating in essential parts of your life. If you choose to go it alone and represent yourself in court, keep in mind that the court system is fast-moving and stressful, especially if you are not familiar with Virginia laws. Working with a Reckless Driving lawyer serving Fairfax may be a more reliable way to lessen your charge or keep your license.

At S&R Law Firm, we offer free consultations. During this meeting, we will explain your rights to you, learn more about your case, tell you about possible defense strategies, and let you know whether or not it is in your best interests to fight the charge. Even if you aren’t sure whether you have a case, getting in touch with a lawyer to discuss it can give you clarity on the gravity of your situation and the outcome you may be able to expect.

For a free consultation, get in touch with us at 703.273.6431 today.