Failure to Maintain Control, Leads Charges for Reckless Driving in Virginia


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If anyone living in the state of Virginia is charged for failure to maintain proper control, it refers to the reckless driving offense. You must consider getting a reckless driving lawyer to defend yourself.

Many Virginians assume that it is just a speeding ticket that they will have to pay a fine for. Although in many situations, it is a charge for reckless driving.

Once you have been handed your ticket, you need to check the code section or the part of the ticket where the law is mentioned to find out what you have been charged for.

If you see the numerical 46.2-853, you have
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been charged with Virginia reckless driving, specifically for failure to maintain the control of your automobile.

Thatís why it is always important to check your ticket, especially if you were a part of the accident scene. Reckless driving charges should not be taken lightly, especially in the state of Virginia.

Virginia Code 46.2-853:

ďA person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.Ē

Reckless Driving Failure to Maintain Proper Control - Penalties

A driver, faced with reckless driving under the Virginia law 46.2-853, will have to pay a fine of $2,500, serve a period of jail time with maximum sentence period of 12 months and confiscation of driverís license for 6 months.

This criminal offense stays permanently in the defendantís criminal record.

Talking to a lawyer might help you reduce the number of penalties, or even avoid getting a conviction.

Are There Any Legal Excuses for This Offence?

If you were unable to control your vehicle due to unanticipated mechanical issues or due to the condition of the road that made the accident inevitable, it will be considered by the court as a legal excuse. Provided that you prove your speed was below the limit when you faced an issue with your automobile.

Defect in Vehicle

If there has been a circumstance where any sudden vehicular defect has occurred, the reckless driverís attorney can fight for the defendant to prove heís not guilty of the charge for Reckless Driving Failure to Maintain Proper Control. However, if the driver was aware beforehand that the vehicle had defects, the case will head in another direction.
It is considered by many attorneys that out of all the reckless driving charges, this form is the easiest to win.

Faulty Brakes

If the brakes of your vehicle are faulty, you might face some mechanical problems in stopping your car at the right time. If the tires are worn out or if the brake pads are damaged, the blame will be placed on you. You will be held accountable for the condition of your vehicle. As a driver, it is your responsibility to ensure that your vehicle is functioning properly.

Serious Cases Resulting In Injuries or Even Death

There can be some situations where reckless driving may result in a serious injury or even death. In this case, the court of Virginia can charge you with reckless driving as well as for involuntary murder.

ABOUT THE AUTHOR: Atchuthan Sriskandarajah
Mr. Sris has defended numerous clients charged with this offense. He is a former prosecutor and has over 20 years of experience.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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