Driving in an overcrowded, overloaded, or obstructed vehicle places other drivers on the road at risk. To keep all motorists safe, Mecklenburg police and prosecutors can bring criminal charges against an unsafe driver. Reckless driving by control impaired or view obstructed is considered as serious as reckless driving by and is a Class 1 misdemeanor. If you have been charged with reckless driving, you may need legal representation from an experienced attorney.
Common ways for reckless driving by control impaired or view obstructed to be charged include:
Often, this is charged when people carry too much cargo in their cars. An example is a college student moving back home with their car is filled to the brim. If they cannot see through their windows or out the back of the car, they may face a criminal charge.
Reckless driving by impaired control or obstructed view is not automatically tacked onto any stop when the vehicle is crowded with people. Usually, it is charged based on the observations of a law enforcement officer seeing an overcrowded car on the road. It could be the primary reason the officer pulls someone over, or when they cite the driver for a high speed, they might tack this charge on if they observe that the car has more people than it is designed to carry.
The evidence used to prosecute reckless driving primarily consists of the observations of the charging law enforcement officer. A lawyer may speak with the law enforcement officer before a trial and interview their client to accurately determine the circumstances leading to the charge. The lawyer also has an opportunity to cross-examine the law enforcement officer at trial to refute whether there is sufficient evidence to find their client guilty beyond a reasonable doubt.
There could be legal excuses for having a vehicle overloaded, even if it is to the point that it leads to a reckless driving charge. A defendant should provide the attorney with all relevant information so that they can make an assessment and be prepared to offer the most appropriate defense at trial.
Providing notice to other vehicles on the road that your visibility might be impaired or the control of your vehicle might be impaired is evidence that could mitigate the consequences of one’s case. However, it does not provide a legal excuse to the driver.
Reckless driving is a criminal offense and could lead to severe consequences, including the revocation of a driver’s commercial driver’s license. It is important that drivers consider all the possible consequences of a conviction and speaks with an attorney to make sure their ability to drive and move freely is maintained. If you are facing charges for reckless driving by impaired control or view obstructed, you should consider reaching out to a lawyer as soon as possible.