Brakes on a Car After an AccidentUnlike other states, driving with faulty brakes or not maintaining control of your motor vehicle violates the reckless driving laws in Virginia. Unfortunately, you face the same harsh penalties if you are convicted of these offenses as a more serious violation of the law, such as driving over 100 mph. One of your first steps should be to retain a skilled reckless driving attorney to fight the charges you face.

What Constitutes Having Faulty Brakes or Lack of Control of a Motor Vehicle Under Virginia Reckless Driving Laws?

Under Virginia Code §18.2-853, an individual can be found guilty of reckless driving for having inadequate or improperly adjusted brakes or driving a vehicle that is not under proper control. Whether a person has proper control of their vehicle will depend on the circumstances when they were charged with this offense. One of the most common scenarios where someone is accused of this offense is when they were involved in an accident and could not stop their vehicle to prevent the crash. However, it can also be charged when a driver is swerving, improperly changing lanes, or tailgating and endangers other motorists.

A police officer may charge a driver with inadequate or improperly adjusted brakes if they observe the vehicle losing traction or the driver is unable to control or stop their auto in a collision. A person can also be convicted of reckless driving for faulty brakes if it is proven that they knew their brakes needed to be repaired or replaced but continued to drive their vehicle.

Penalties for Reckless Driving for Improper Control or Faulty Brakes

Reckless driving for not maintaining proper control of a motor vehicle or inadequate brakes is a Class 1 misdemeanor in Virginia. If you are convicted of this crime, you face the following penalties:

  • Jail sentence. Up to 12 months in jail
  • Fine. Fine of up to $2,5000
  • License suspension. Driver’s license suspension for up to six months
  • Driving record. Six points on your driving record with the Virginia Department of Motor Vehicle

In addition, you would have a permanent criminal record. This could affect your ability to obtain housing, an education, a security clearance, and more.

If you are facing reckless driving charges for failing to maintain proper control of your vehicle or faulty brakes, you need the help of an experienced reckless driving lawyer. To learn how our attorneys can aggressively defend you, call our Manassas at 888-DUI-LWYR or complete our online form to schedule your free consultation today.


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