Drivers who get into accidents in Virginia often get charged with reckless driving under Va. Code 46.2-853. Of all the forms of reckless driving, this is often the easiest form of reckless driving for a competent attorney to beat. There are some common defenses to this type of reckless driving.
- The case of Powers v. Commonwealth and Bacon v. Commonwealth: These two cases established the rule that an accident is not enough evidence by itself to prove reckless driving or improper driving.
- The officer usually did not witness the accident: When the officer did not witness the driving behavior the prosecutor depends on civilian as their witnesses. Judges don’t automatically trust civilians the way they do police officers and civilians say and do weird things on the stand with some regularity.
- Warrantless Arrest: Officers are not allowed to write reckless driving tickets unless they see the driving behavior, give the ticket at the scene of the accident or give the ticket to the driver at a hospital. If a cop comes to you home and writes you a reckless driving ticket, that ticket may be invalid.
- Officer may have to prove you had warning. If your reckless driving ticket is from falling asleep, faulty brakes, a medical emergency or defective equipment the government may have to prove that you knew you were not safe to drive before the accident.
Penalties for Reckless Driving Failure to Maintain Proper Control (Faulty Brakes)
Being convicted of reckless driving under 46.2-853 – Failure to maintain proper control / faulty brakes comes with up to 12 months in jail, a 6 month suspension of your right to drive, a maximum fine of $2,500 and it is also a 6 point offense.
Reckless driving under 46.2-853 is a criminal offense and conviction stay on adult’s permanent criminal record forever.
However, just because these penalties are extremely serious does not mean that you will necessarily be convicted or that you will be given all of some of these penalties. There is no substitute for talking to a lawyer who has defended hundreds of reckless driving cases. Call Nichols and Green to get a free consultation from one of our experienced lawyers (703) 383-9222.
Call Nichols & Green to Talk to a Lawyer about Failure to Maintain Proper Control Reckless Driving ( Faulty Brakes ) Case
If you get a ticket for reckless driving “failure to maintain proper control” contact our office immediately for a free consultation. During your free consultation we can discuss you case and whether the prosecution can likely prove that you are guilty of reckless driving for failure to maintain proper control.
For a free consultation call Nichols & Green pllc at (703) 383-9222 and speak to one of our attorneys about your reckless driving case either by phone or in person.