Virginia Reckless Driving Laws – Driving with Obstructed View

Reckless Driving – Driving with Obstructed View or Impaired Control

Va. Code Section 46.2-855 makes it Reckless Driving to drive a vehicle when someone’s view is obstructed or if there is a lack of control of the vehicle.

This statute applies in a couple different situations. The first is when the defendant is driving a vehicle that is overloaded to the point where they can no longer view out of the front of the vehicle or on the sides. Note, it does not apply when the car is so loaded that the driver loses view of the rear of their vehicle. This is presumably because of the sideview mirrors. The second instance is when there are too many people in the front passenger seat and that because of this, the driver’s view is impaired. This can theoretically be the case when there are two people in the front seat. The main issue is whether this obstructs the driver view. The defendant could be guilty of a different traffic infraction, but cannot be convicted on this code section if they can prove their view was not obstructed.

There are many defenses in these types of cases, and each is heavily reliant on the facts of each individual case. The attorneys at Welch & Wright have vast experience in these cases and have successfully fought and won these cases at trial.

Reckless Driving is a class 1 misdemeanor and can result in a jail sentence of up to 1 year, a license suspension for up to 6 months, and a fine of up to $2,500. This charge is a major moving violation and results in 6 demerit points being placed on the defendant’s driving record and stays on their record for 11 years.