Fairfax Overloaded Vehicle Reckless Driving Cases
Reckless driving, because someone has an obstructed view due to an overloaded vehicle, is going to relate to conditions that exist in the vehicle which make it unsafe for the driver to operate it because they do not have a good view out of their windshield or because they cannot see their rear mirrors. The way that this most often comes up is that a driver will have too many passengers in the front seat of a vehicle or will be carrying too much cargo in the front of a vehicle. This will result in them not being able to see properly and get charged with this reckless driving offense. If an individual has been charged with reckless driving, they should consult a skilled reckless driving attorney that could explain Fairfax overloaded vehicle reckless driving cases and the potential implications of the charge to them.
Circumstances Under Which a Person Would Be Charged
It is probably inaccurate to say that overloaded vehicle charges get tacked on any time those conditions exist. This kind of charge is fairly rare and only brought under circumstances that are the most extreme. Just having a rear view missing or having a slight obstruction on a person’s windshield is not going to be enough. It is going to need to be so apparent that it attracts the attention of a police officer from a distance. It is only the most extreme cases that are going to result in the person being charged. The primary difference between this and reckless by speed is what the government has to prove. The government, in the speeding case, has to prove speed. There is a different set of requirements from what must be proven in a case of this nature.
Evidence in Overloaded Vehicle Cases
The main evidence in Fairfax overloaded vehicle reckless driving cases is going to be officer testimony. They talk about the conditions that existed in the vehicle at the time of the traffic stop, how many people were in the vehicle, and what items may have been obstructing the driver’s view. It is important for the defendant to document the conditions that existed in their vehicle to be able to show a court what they were able to see as they were sitting in the driver seat. In some cases, if lawyers can demonstrate that notwithstanding that there may have been too many people in the vehicle or lots of cargo, the person could still see out, then sometimes they can factually refute the government’s case and win an acquittal.
Legal Justifications for Overloaded Vehicles
There are no excuses for overloaded vehicles in Fairfax overloaded vehicle reckless driving cases. Even if an individual attaches a bumper sticker that says the car is overloaded, it is not a justification. There are regulations for overloaded vehicles in Virginia, for some semi-trucks, and for how one can go about having an overload or wide load. Those do not relate to non-commercial vehicles and there are no excuses for that kind of violation. Even if a person has their caution lights on, it is not going to be a legal excuse. They may still find themselves convicted of that charge.
Important Steps a Fairfax Reckless Driving Attorney Can Take
Any reckless driving charge will cost a commercial driver’s license to be revoked at least in the short term. Anyone who has a CDL that has been charged with this kind of offense should consider the severity of this offense and the impact it could have. In addition to the penalties which any person might suffer, an individual may lose their ability to earn a living.
An experienced attorney may suggest that if there is anything that needs to be corrected with a person’s vehicle, that they show that correction has been made. In addition, getting a driver improvement class done, getting a copy of a person’s driving record, as well as in some cases performing community service can all be helpful. If someone has been charged with reckless driving with an overloaded vehicle, they should speak with a lawyer that has experience handling Fairfax overloaded vehicle reckless driving cases and could fight for them.