Driving With Obstructed View or Impaired Control as Reckless Driving in Fairfax County

Virginia Code § 46.2-855 makes it illegal to drive when your view is obstructed or your control over the vehicle is impaired.  In this situation, most of the time, the Fairfax County Officer or State Trooper is either behind you or next to you and can tell that the vehicle is loaded with people and/or objects.  The problem with driving with an obstructed view or impaired control in Fairfax County is it is reckless driving by statute.  The idea is that an individual is "endangering life, limb, or property" because they either cannot see around them due to the obstructions or there is so many people in the car that it interferes with the ability to steer, have access to their mirrors, or otherwise impair their ability to operate their vehicle safely.  Reckless Driving is a Class 1 Misdemeanor so it's important to address this particular charge properly.  An attorney is always recommended in Misdemeanor cases.

Driving With Too Many People In Your Vehicle is a Misdemeanor

The statute dictates that you cannot drive a vehicle when there are enough people in the front seat that it obstructs the view of the front or sides of the vehicle by the driver.  As a result, if the charge is based on having "too many" people in the back seat, it will not violate this code section.  Look for situations where the officer is simply looking for more people than there are seat belts in the vehicle.  The times we see this charge are when there are too many people in the front of the vehicle.  Specifically we will see a driver and two passengers in the front cabin in these cases.  Typically both the driver and passenger are properly seat-belted in their set but there is a middle passenger that is sitting on a box, bucket, or some other item.  We see this a lot in cases where it's a work truck and there aren't enough seats for everybody because the rear cabin is an open space used for tools and other implements for work.  The good news is we can usually get this charge reduced thereby avoiding a misdemeanor conviction.

Driving With an Obstructed or Impaired View is a Misdemeanor 

Nothing in this statute makes it reckless driving simply because you cannot see out of the rear of the vehicle.  Rather, it penalizes drivers that have their view obstructed in the front and/or sides of the vehicle.  Look for situations where the Fairfax County Officer or Trooper charged you for simply having a large object in the back of your vehicle.  As long as you can see out of the front and the sides of your vehicle you should not fall under this code section for reckless driving.  For people that are moving to a new home or going on a lengthy vacation the vehicle is likely jam-packed with luggage which can activate this reckless driving code section.

Get a Lawyer for Your Driving While View Impaired Charge

Remember, this type of charge is a misdemeanor.  While you are not likely facing any realistic jail time, it would result in a criminal conviction.  However, we can help you avoid a conviction with either a reduction or, possibly, a dismissal of the charge.  We would love to help.