Failure to Maintain Control of Vehicle VA Code § 46.2-853
In many Virginia accident cases, the Commonwealth charges at least one driver with reckless driving. The main statute used for this charge is VA Code § 46.2-853.
Contact us today at 540-318-5824 to discuss your case and learn how we can help you.
Key Takeaways
- VA Code 46.2-853 treats “failure to maintain control” or “faulty brakes” as reckless driving, a Class 1 misdemeanor carrying penalties of up to 12 months in jail.
- Tickets may be labeled as “improper brakes” or “failure to maintain control,” but as long as the summons lists §46.2-853, it is legally a reckless driving charge.
- Reckless driving laws differ from simpler lane-related violations under VA Code §46.2-804, which covers improper lane changes and failure to stay within a marked lane.
- Many minor accident cases can be reduced or dismissed, since officers often have limited charging options and may issue a reckless driving citation even in low-severity crashes.
That statute – § 46.2-853 – is brief:
“Commit reckless driving by operating a vehicle without proper control or with faulty brakes on any highway.”
What Virginia Code § 46.2-853 Actually Covers
This code focuses on whether a driver maintained proper control of their vehicle under the circumstances. The statute does not require speeding, aggressive behavior, or intentional misconduct. Instead, the question is whether the driver failed to operate the vehicle safely based on road, traffic, and mechanical conditions.
This charge often appears after accidents where police cannot point to a more specific violation. Officers may rely on this statute when a vehicle spins out, rear-ends another car, leaves the roadway, or otherwise behaves unpredictably. Even minor incidents can result in a reckless driving charge if law enforcement believes the driver did not maintain reasonable control.
Because the statute is broad, the facts surrounding the incident matter greatly.
Failure to Maintain Control of Vehicle Tickets in VA
Our clients are sometimes confused by the language on their ticket, the court’s database, and what the officer tells them. It’s a confusing situation.
Officers sometimes write “improper brakes” or “fail to maintain control” on the actual ticket you receive, without any mention of “reckless driving.” A person commits reckless driving if they operate a vehicle without proper control or with faulty brakes on any highway in the Commonwealth. But as long as the summons has the proper code section listed (§ 46.2-853), the charge is a valid reckless driving ticket.
The court database can also refer to the charge in different ways, such as “op improper brakes”, which refers to operating a vehicle with improperly adjusted brakes.
The key thing to remember is that all these charges are reckless driving. Reckless driving in Virginia, for failing to maintain proper vehicle control or having inadequate brakes, is a Class 1 misdemeanor. A conviction can result in penalties, including up to 12 months in jail.
VA Code: Fail to Maintain Lane Versus Reckless Driving
In Virginia, “failure to maintain lane” is typically a violation of VA Code § 46.2-804, which requires drivers to stay in a single lane unless passing or making a turn. Other, more serious violations like § 46.2-852 (“Failure to maintain control of a vehicle”) are considered reckless driving and can result in harsher penalties, such as fines and license suspension. Violations can range from crossing solid lines to unsafe lane changes.
Virginia Code § 46.2-804 allows police to cite drivers for failing to stay within clearly marked traffic lanes. This law requires drivers to drive as nearly as practicable entirely within a single lane and only move lanes when it is safe. Violating this code can result in a traffic citation. A person is guilty of reckless driving if they drive a vehicle without proper control or with faulty brakes on a highway.
When Failure to Maintain Control Is Charged After an Accident
Failure to maintain control charges often appear in single-vehicle or low-impact accidents. In these situations, officers may not know exactly why the vehicle lost control, but still need to issue a citation. As a result, this statute becomes a default option.
These cases do not automatically mean a driver acted recklessly. Weather conditions, road hazards, mechanical issues, or evasive actions can all play a role. Courts must still determine whether the evidence shows a lack of reasonable care.
Because the charge carries criminal consequences, even accident-related tickets deserve careful review. Many of these cases depend heavily on assumptions rather than clear proof.
Many minor accident cases can be reduced to a lesser offense (like improper driving) or even dismissed completely. Frankly, the officers don’t have many choices of things to charge for some accidents. That’s why you might end up with a ticket that seems extreme for the situation.
Even if your case seems minor, you should consult with an attorney due to the nature of the charge you’re facing. It’s always best to get the opinion of an expert, even if you end up going to court alone.
Don’t you want to see if your case can be beaten completely? Give us a call, and we’ll chat about it.
Why Do Tickets List Different Descriptions for the Same Charge?
Drivers are often confused when their ticket mentions “failure to maintain control,” “improper brakes,” or similar language, but does not use the word “reckless driving.” This confusion happens because officers use shorthand descriptions on tickets, while courts rely on the statute number itself. E-summons systems also may abbreviate ticket descriptions differently than the court docket system.
As long as the summons lists VA Code § 46.2-853, the charge is reckless driving, regardless of the wording written on the ticket. Court databases may also use abbreviated descriptions that look less serious than they actually are.
The statute number controls the charge, not the phrasing. That distinction matters because reckless driving is a criminal offense in Virginia, even when the ticket language sounds minor or informal.
Why Legal Review Matters in VA Code § 46.2-853 Cases
Failure-to-maintain-control cases often hinge on interpretation rather than clear violations. Reviewing the officer’s observations, accident reports, and physical evidence can reveal weaknesses in the charge. Legal guidance helps determine whether the facts support a reckless driving charge or whether a reduction or dismissal is possible.
To learn more about how these cases are evaluated and defended, visit our page on Virginia reckless driving ticket defense.
Video: Your Accident May NOT Be Reckless Driving
Contact Our Reckless Driving Lawyers in Virginia
If you have questions about a reckless driving charge, contact our VA reckless driving lawyers. We have extensive experience handling reckless driving cases throughout the state of Virginia. Contact us today at 540-318-5824 to discuss your case and learn how we can help you.
FAQs
What Does “Failure to Maintain Proper Control” Mean Under Virginia Law?
Failure to maintain control means a driver didn’t adjust to road, traffic, or weather conditions. It includes drifting lanes, rear-ending, or losing control while turning or braking.
Is Failure to Maintain Proper Control Considered Reckless Driving in Virginia?
Yes, failure to maintain control can lead to a reckless driving charge if it endangers people or property, even without speeding.
What Types of Driving Behavior Can Lead to This Charge?
Examples include tailgating, distracted driving, speeding for conditions, or failing to adjust to weather or traffic. The key issue is whether the driver used reasonable care.
Can an Accident Happen Without Reckless Driving Being Charged?
Not all accidents lead to reckless driving charges. But if police believe loss of control caused the crash, they may cite the driver for failure to maintain control.
How Is Fault Determined in a Failure to Maintain Control Case?
Fault is based on evidence like police reports, witness accounts, road conditions, and vehicle damage. Investigators assess whether the driver acted with reasonable care.
What Is the VA Code for Failing to Maintain Lane Control?
Failing to maintain lane control is typically charged under Virginia Code § 46.2-804, which requires drivers to stay within marked lanes and change lanes only when it is safe to do so.
What Is the Difference Between Virginia Code § 46.2-852 and § 46.2-862?
Virginia Code § 46.2-852 is the general reckless driving statute covering dangerous driving behavior, while § 46.2-862 specifically addresses reckless driving based on excessive speed, such as driving over 85 mph or more than 20 mph over the speed limit.
What Is the Penalty for Violating Virginia Code § 46.2-861?
Violating Virginia Code § 46.2-861, which covers reckless driving related to passing a stopped school bus, is a Class 1 misdemeanor and can result in jail time, fines, license suspension, and a permanent criminal record.
