Fairfax Reckless Driving By Not Under Control Charges
According to Virginia code section 46.2-853 it is reckless driving to drive with faulty brakes or to drive a vehicle not properly under your control. For example, if your brake lights fail and cause an accident or you swerve to avoid something in the road and then lose control of your car, you may be charged with reckless driving by not under control. When this occurs, it is important to consult with a Fairfax reckless driving lawyer as soon as possible due to the fact that this is a criminal offense and carries serious consequences. To discuss your case or begin building a defense, call and schedule a consultation today.
Common Ways This is Charged
One common way in which reckless driving by not under control is charged is when a driver’s brake lights aren’t working and it causes a collision with another driver who didn’t realize the first driver was slowing down. Another common way is when someone is driving and there is an obstruction or object in the road that they swerve to avoid hitting. It also occurs in rainy or snowy weather when a driver does not adjust their speed accordingly, and loses control of their vehicle as result.
Evidence Used in Not Under Control Charges
To prove a not under control charge, the officer must present evidence against the defendant that shows that the defendant’s vehicle was not under the defendant’s control or that their brakes were not working properly, and that this was the fault of the defendant. Both these elements are very difficult to prove without an admission from the defendant, or without the officer having witnessed the incident firsthand.
A reckless driving lawyer can help to defeat the officer’s allegation by demonstrating either that the driver’s loss of control was not the driver’s fault or that the driver had no warning that there would be a malfunction.
Potential Defenses
There are various reasons why someone could lose control of their vehicle through no fault of their own. For example, there might be an object in the road that unexpectedly caused the driver to swerve in order to avoid hitting it. Or, another driver might do something illegal to cause an otherwise careful driver to react and lose control.
If the charge is due to faulty breaks, a legal excuse would be if the driver had no warning that the vehicle was faulty, and therefore, he was not negligent.
Faulty Brakes
Driving with faulty brakes means that your vehicle may pose a hazard to other drivers on the highway because of the unreliability of the brakes functioning properly when necessary. Brake light failure and other brake system malfunctions can also create a hazard for other highway drivers.
If you have properly cared for your vehicle and have taken it in for routine maintenance and all the required safety inspections, there is no reason that you should not know if something is wrong with your vehicle’s brake system.
Could This Be The Mechanic’s Fault?
It is technically possible a mechanic could be at fault, but generally mechanics will inform drivers that their vehicles should be brought in for repairs, or if there is something wrong with the brakes. It is not very likely that a mechanic would find an issue with a vehicle and then disregard it or not mention it to the owner. However if the defendant can prove that this is the case, there’s a strong likelihood that this defense will hold up in court.
Impact on CDL Holders
A reckless driving by not under control charge can affect a commercial driver’s license because a reckless driving conviction would be considered a serious violation. If someone carrying a commercial driver’s license receives too many convictions amounting to a serious violation, this can result in disqualification of the commercial driver’s license.
This is a massive consideration for someone who is driving a commercial vehicle for a living and relies on the CDL in order to make end meets, because a conviction could result in a loss of their job.
Important Steps An Attorney Can Take
A reckless driving attorney in the Fairfax area can help you defend against a not under control charge by helping you gather evidence to show that you were routinely having your vehicle inspected and that any required repairs you were aware of were taken care of in a timely manner. A reckless driving attorney can explain to you what is required to be proven for you to be convicted of a not under control charge, and an attorney can explain what type of evidence can refute the officer’s testimony.
The attorney can present the evidence in an effective manner to refute the officer’s allegations that the driver’s behavior amounted to reckless driving.