In the Commonwealth of Virginia, it is a crime to drive a vehicle that is not under control or that has “inadequate or improperly adjusted brakes” on any highway. This crime is a form of reckless driving and carries the potential penalties of a Class 1 misdemeanor.
The legal consequences for a Class 1 misdemeanor include jail time of up to 12 months and a fine of up to $2,500. Additionally, you may face additional consequences that come with having a permanent criminal record.
Prepare Your Defense to Reckless Driving Faulty Brake Charges
If you fail to take action by preparing a defense, then you can expect to suffer the penalties and consequences described above. However, in some cases, you may be to work with a reckless driving defense lawyer and mount a successful defense that results in a dismissal of the criminal charges against you or a lighter sentence.
Some of the things that your lawyer might consider in your defense include:
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Whether you knew or should have known that your brakes were faulty. If, for example, your brakes were grinding or squeaking then you likely should have known there was a problem. However, if your brakes were relatively new and showed no signs of a problem, then you may have had no way to anticipate that there would be an issue.
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Where you were driving. If you were driving on a private road or parking lot at the time that your brakes failed then you may not be charged with reckless driving since the statute specifically refers to driving on a highway.
Your driving record may also be relevant, and your lawyer may be able to use that to negotiate having the criminal charges against you reduced.
Be Prepared Before You Go to Court for Reckless Driving
You have received more than a speeding ticket, and it is important to take the charges against you seriously. To learn more about your rights and potential defenses, please contact The Wilson Law Firm today for a free consultation. We can be reached via this website or by phone at your convenience.
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