Failure To Maintain Control Of Vehicle VA Code 46.2-853

failure to maintain control of vehicleIn 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.

That statute – 46.2-853 – is brief:

“A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.”

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.” 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. They all refer to the same code section, which is a class 1 misdemeanor. The maximum punishments are:

  • $2500 fine
  • 12 months in jail
  • 6 months loss of your license

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 the attorneys at Flusche & Fitzgerald today to get started


Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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