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.
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.”
Failure To Maintain Control of Vehicle Tickets in VA
My 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 also can 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.
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 establishes that a person can be cited for improper failure to observe lanes marked for traffic. This law mandates drivers to follow lane markings to ensure proper vehicle positioning and traffic flow.
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 can be cited for failing to observe marked traffic lanes under Virginia Code § 46.2-804. A person is guilty of reckless driving if they drive a vehicle without proper control or with faulty brakes on a highway.
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 me a call, and we’ll chat about it.
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.
