Improper Control & Faulty Breaks in Virginia

In some accident situations, law enforcement may choose to charge a driver with Virginia Reckless Driving under the failure to maintain proper control or faulty brakes section. This is usually done in situations where it is a single vehicle accident, rollover, or other unexplained circumstances where a person has lost control of their vehicle. The law section reads as follows:

§ 46.2-853. Driving vehicle which is not under control; faulty brakes.

A 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.

When officer’s charge this statute, they often indicate that the person is charged with failure to maintain proper control or they write faulty brakes. This is often misleading to the accused because they do not realize that they are charged with Reckless Driving.

Virginia Reckless Driving Things to Remember

• Reckless Driving is a Class 1 Misdemeanor
• Reckless Driving is punishable by up to 12 months in jail and/or a fine not to exceed $2,500.00.
• Reckless Driving is a six (6) point offense
• Reckless Driving stays on a driving record for 11 years.
• Reckless Driving on a criminal record remains for the rest of you life.
• You can perform MITIGATION EFFORTS prior to court in an effort to minimize the charge or the punishment. Click here.

Do not continue to let the stress overwhelm you. Call or email us today so we can evaluate your case and put you mind at ease.