Driving with Overloaded Car in Virginia
April 7, 2017 by Jean Humbrecht
Driving with an overloaded car in Virginia is a form of reckless driving and is a crime-not a traffic infraction. A conviction will remain on a driver’s permanent criminal record. The charge, Driving with Overloaded Car in Virginia, is found in Va. Code §46.2-855.
Proof of Driving with Overloaded Car in Virginia
Driving with an Overloaded Car is a Crime in Virginia
To convict an offender of Driving with Overloaded Car in Virginia under §46.2-855, the Commonwealth must prove that a person:
- drove
- a vehicle
- that is so overloaded with passengers or there are a number of passengers in the front seat that
- obstruct the view of the driver to the front or sides of the vehicle or
- interferes with the driver’s control over the driving mechanism of the vehicle
Penalty for Driving with Overloaded Car in Virginia
The charge Driving with Overloaded Car in Virginia under Va. Code §46.2-855 is a form of reckless driving. Therefore, it is a Class 1 misdemeanor. Driving with an overloaded car in Virginia under Va. Code §46.2-863 is punished with up to 12 months in jail, a fine up to $2500, court costs, driver’s license suspension for 60 days up to 6 months, 6 DMV demerit points, and possible mandatory enrollment in the Virginia ASAP program if the court thinks the reckless driving was drug or alcohol-related.
Additionally, if the offender was texting while driving in violation of Va. Code §46.2-818.2, he or she will be fined a mandatory minimum of $250 (Va. Code §46.2-868(C)). A driver can even be convicted of both reckless driving and texting while driving under Va. Code §46.2-818.2. in Virginia and will be punished with a mandatory minimum fine for each. Click here for more information on texting while driving in Virginia.
Finally, Driving with an Overloaded Car in Virginia under Va. Code §46.2-855 is a form of reckless driving and is a CRIME. A conviction will remain on a driver’s permanent criminal record and cannot be expunged.
Is Driving with an Overloaded Car Ever a Felony?
Driving with an overloaded car in Virginia under Va. Code §46.2-855 can sometimes be a felony. If the driver’s license was suspended or revoked at the time of the offense because of a moving violation and his reckless driving caused the death of another person, he will be charged with a Class 6 felony (Va. Code §46.2-868(B)). Felony reckless driving is punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for one year.
Driving with Overloaded Car in Virginia: Statute
§46.2-855. Driving with driver’s view obstructed or control impaired.