There are several ways that someone can be charged with reckless driving in the Commonwealth of Virginia. Reckless driving by vehicle not under control is defined in the Virginia code section 46.2 – 853, which is when a driver is not under proper control of their vehicle.
Reckless driving charges are much more serious than most other traffic offenses, which is why you should reach out to a dedicated reckless driving attorney if you are facing charges. A Fairfax reckless driving by vehicle not under control lawyer could help you avoid the serious penalties and long-term ramifications that could come with a conviction. Call today and set up a consultation.
An individual could receive reckless driving by vehicle not under control charges if the loss of control of their vehicle causes danger or harm to another person or another person’s property. This means that car accidents are a common factor in reckless driving by vehicle not under control offenses. However, it all depends on the situation. If the driver lost just a little bit of control of the vehicle, then they could be charged with something like following too closely or failing to yield instead. It depends on how bad the accident was and what it resulted in. If there was a true loss of control that resulted in an accident and damage, then the circumstances will warrant a reckless driving charge.
The main evidence in these types of cases will be the result of the individual’s driving, which would be an accident. If there was a wreck that occurred, the Fairfax reckless driving by vehicle not under control attorney will be looking for evidence that concerns the other driver or drivers involved. The lawyer would want the other driver to testify as to what happened, how they were hit, if that person did anything wrong relating to traffic violations or potential violations, and essentially that they were hit out of the blue through no fault of their own.
Sometimes there is photographic evidence of damage to one or all of the cars involved in the car wreck. For instance, if the defendant has been charged with reckless driving related to an accident, the police officer will want to take a photograph of the cars. A picture of the front end of the car could show that the defendant smashed into the back end of the other person’s vehicle. As long as there is damage that indicates the defendant was the one who caused the accident, that proof would be put forward in a case involving reckless driving.
There are certainly legal excuses for reckless driving by vehicle not under control. For instance, if there was a vehicle malfunction and something happened with the car that was not in the driver’s control at the time of the alleged reckless driving. If the brakes give out while one is driving and they had no idea there was any problem with their brakes and they did everything they could to move over to the side of the road in order to not hit anyone, then that could be a defense for reckless driving by vehicle not under control.
Another defense could be that the person was simply not driving recklessly. If a driver had to pull up, it could be considered reckless driving because the court may say that the driver was following too closely and that is what led to a crash. However, if the defendant could show that they were not too close to the other driver, then that could be a defense.
It is common to see accidents in the winter due to ice on the roads. When driving on ice, people are supposed to be driving more carefully to avoid sliding. Unfortunately, even if drivers are being careful, they may hit black ice and they may spin out and cause a wreck. Reach out to a Fairfax reckless driving by vehicle not under control lawyer to see how a legal professional could help one build a strong and viable defense to these allegations.
It is possible to encounter vehicle issues shortly after picking up the car from the mechanic. For example, someone brings their car into the mechanic because they had problems with their suspension and the mechanic presumably takes care of it. However, the driver notices the rear suspension is not working correctly while driving and this causes the car to lose control and then a wreck occurs. In this situation, the mechanic or the manufacturer could be liable for the accident and not the driver. This is because the driver had every reason to believe that the problem had been fixed when they brought the vehicle into the shop.
Faulty brakes can lead to reckless driving if the driver knew they were faulty and they were driving anyway and this lead to an accident. Due to the driver knowing the brakes were faulty beforehand, they could not use it as a defense for reckless driving. If anything, they could be worse off because they were purposely driving and putting other people at risk. In this situation, a lawyer suggests that anyone who thinks they have faulty brakes to get their car towed to a mechanic or dealership to have it repaired.
A lawyer will be looking at if the driver tried to fix the faulty brakes by taking it somewhere to get looked at or if the driver knew that the brakes were faulty. If a person truly did not know they were diving with faulty brakes and there was no way they could or shown have known, then they could certainly have a defense.
If there was a clean safety inspection of the car before the accident, then it could help as a defense. The state cannot pass the car for inspection unless the vehicle has certain qualifications and meets certain inspection requirements, including mechanical. If there is something mechanically wrong that causes the driver to lose control of the vehicle, a defense could be made to show that the person had every reason to believe through inspection that they were driving in the proper car and in the proper condition on the road that day.
This offense should be charged differently than speed because it does not have to involve a high rate of speed. It can be a very low rate of speed. An individual can technically be driving just a few miles an hour down the road, but if they lose control of their vehicle, they still could have reckless driving no matter what speed they were going because that is different than the actual speed. Speed can contribute to reckless driving, but reckless driving in and of itself without the speed is still a crime.
People weaving in and out of traffic recklessly is considered reckless driving. If they are driving from the right lane to the middle lane to the left lane and back at an alarming rate, then this is reckless driving even if they are not going at high rates of speed. The fact that they were weaving in and out so closely without regard to proper spacing or timing is why they could be facing reckless driving by vehicle not under control charges.
If a person is convicted of reckless driving in Virginia or in Fairfax County, it is a Class 1 misdemeanor. Automatically, they have a criminal record, not just a traffic record, but a criminal record. The individual must report to their employer as if they have a commercial driver’s license. If the person is a trucker and is driving for a company using a commercial driver’s license, the charge has to be reported. This could lead to the individual getting fired or having trouble finding another position. Therefore, it is essential for defendants to seek the services of a reckless driving by vehicle not under control lawyer in Fairfax.
A Fairfax reckless driving by vehicle not under control attorney needs to assess what exactly happened. They need to find out from the defendant their side of the story and what evidence they may have. If there was a police report, the lawyer will want to take a look at it. If there are other witnesses who were there, then the attorney would want to talk to them about the incident. The lawyer will also want to find out any background information about the car, such as state inspections, emissions testings, and mechanical issues. All this information needs to be gathered and considered in a defense.
An accomplished defense attorney could fight for you if you are facing charges of reckless driving. A Fairfax reckless driving by vehicle not under control lawyer could review the case and determine how to build a strong defense. An attorney could also give you legal advice while advocating on your behalf throughout the case. Reckless driving is a serious offense and it can bring severe consequences. Call an attorney today to see how a legal professional could help you avoid the penalties that come with a reckless driving charge.
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