Reckless Driving By Not Under Control Charges
Reckless driving by a failure to maintain control or driving a vehicle not under control is when an individual drives a vehicle which is not under proper control, has inadequate, or improperly adjusted brakes in any highway in the commonwealth. Typically, this charge is made when an individual just loses control of their vehicle by taking a turn too fast, being inattentive, or by having brakes that are faulty and cause an accident. All of these things come into consideration when charged with reckless driving
In addition to that, if there’s just a situation where an individual simply loses control as a result of weather or just road conditions, an officer has the discretion to charge that person with reckless driving as well. If you are charged a reckless driving lawyer in Richmond can help, by establishing that loss of control was not your fault. To learn more about these charges read below, before calling and scheduling a free consultation.
Types of Evidence Presented Against Someone Charged With Reckless By Not Under Control
The prosecution has to show that the driver failed to maintain control of their vehicle. They have to show this by either witness statements, officer’s observations, or the driver’s statements. They will try to show that the driver was either operating the vehicle in a manner that was so careless that they couldn’t control it, or operating too fast for the conditions. In other words, if they’re speeding when it’s raining out or if it’s snowing.
One way an attorney can help or refute this is by showing that the driver was not at fault, that they were actually driving safely for the conditions, and that the cause to the accident was something other than their driving. For example, road conditions and/or an equipment failure that they were unaware of or should not have been aware of.
Are There Legal Excuses For Failing to Maintain Control?
One legal excuse for the vehicle not being under control is if there are road conditions or unforeseen mechanical issue that caused the accident. You have to show that you were driving at a safe speed at that point in time or that there was an issue with the vehicle that was unknown to you. So for instance if your brakes go out and they’ve been properly maintained, that would be an unexpected incident and can be raised as an affirmative defense.
What it Means to Have Faulty Breaks
Faulty brakes means a malfunction in either the mechanical operation of the brakes or the ability of the brakes to stop you in a timely manner. You can be held responsible for this if it can be shown that the brake pads are worn or the brake pads themselves were not properly maintained. The responsibility is on the driver to make sure that their vehicle is able to perform and function properly. If the brakes are worn down or the tires are balding, it becomes your responsibility to address the issue.
If you’ve had all the proper inspections and the brakes properly maintained, that can be raised as a defense should the vehicle still malfunction.
Types of Issues that can be Raised as a Defense
One issue you can raise as a defense, or at least as a mitigating factor in these cases is that you have properly maintained your vehicle and if your vehicle has passed all the state safety inspections. This would help you ensure that you did not have notice of any mechanical issues with the car.
If your vehicle malfunctions while you’re driving it theoretically can be the fault of a mechanic who failed to do proper repairs. You would actually have to show though that either an error or an omission by a mechanic caused the issue with your vehicle. So the burden of proof would be on you to show that this error was their fault and not your own.
Pre-Trial Steps an Attorney can Take to Help you with Reckless By Failure to Maintain Control Charges
With a reckless driving failure to maintain control or faulty equipment charge, an attorney will attempt to show that you did nothing careless or you were driving at a safe speed. Your attorney would attempt to show that something other than driver error caused the accident, whether caused by another driver, road conditions, or even a mechanical failure. If it’s a reckless driving faulty brakes type case we need to show information on the vehicle. In other words, we’re willing to present the court with maintenance records or safety inspection records to show that the vehicle is properly maintained and that you had no notice of any mechanical issues or failures. Your attorney will interview other witnesses and review the accident report in detail to show you were not at fault.
This Charge can Affect the Commercial Driver’s License
A reckless driving failure to maintain control or faulty brakes case can result in a loss or suspension of a CDL if you are convicted. It’s a class 1 misdemeanor charge which comes with 6 DMV demerit points. So if you do possess a CDL the conviction will have a significant impact on your CDL license status and your ability maintain employment associated with the CDL.