Chesterfield Reckless Driving by Failure to Maintain Control

Although less likely to be charged than reckless driving by speed or accident, reckless driving by not under control charges can be very serious and carry the same penalties as other types of reckless driving charges. With this in mind, it is important to understand exactly what this charge means and then consult with a Chesterfield reckless driving lawyer to begin building your defense.

Examples of Driving By ‘Not Under Control’

You can be charged with reckless by failing to maintain control if you are driving a vehicle in a manner, which is not properly under control or you fail to maintain control while you’re driving—whether that be taking a turn too fast or something of that nature. In addition, you can also be charged if your brakes are inadequate or improperly adjusted, and they result in the cause of an accident.

Common Ways This is Charged

Most of the time with a charge like this, it results from a single car accident or an individual runs off the road or runs into a tree by taking a turn too fast. A little more rarely what will occur is there’s an issue with an individual’s brakes, such as they were improperly maintained which then, in turn, creates an accident.

Evidence Presented in Not Under Control Cases

With a reckless driving by failure to maintain control case, the officer will have to show that the driver failed to maintain control of the vehicle either due to speed, careless, or recklessness. An attorney can show that either weather or road conditions caused the accident or issue and that there was a mechanical defect in the vehicle that created the problem.

Potential Defenses

The most common way to get a legal excuse on a charge like this is to show that there was a defect with the vehicle that you were either unaware of or that you had no notice of. You may also show that the conditions of the roadway created the problem.

Faulty Brakes

Faulty brakes in a case like this involve when the brakes are malfunctioning or improper maintenance caused the accident. Particularly what the court or the officers will look at is the maintenance on the brakes. In other words, had they been properly maintained on the vehicle? It becomes the driver’s responsibility to properly maintain their brakes and to make sure they’re working correctly.

How Can You Know Your Brakes Are Faulty Before Driving?

The main way to determine if your brakes are faulty prior to driving is to take notice if they’re making any noise or they’re not working properly. It is your responsibility to get them checked and to get them fixed. If you continue to operate a vehicle while your brakes are not working properly, then it becomes your responsibility if there’s an accident.

Can Faulty Brakes Be the Mechanics Fault?

Faulty brakes can be the mechanic’s fault. In these cases what we will have to show, if there was an issue that was the fault of the mechanic or the fault of the repair, is that the repairs were done and done negligently. This would typically require not only documentation of the repairs that were done, but typically also the opinion of a secondary mechanic as to exactly what the issue or error was.

Difference From Reckless Driving by Speed Charges

This charge is different from a reckless by speed case because the prosecutors and the officers have to show that you were operating a vehicle with knowledge, or you should have had the knowledge, of improper brakes. What they would have to show is that you were operating a vehicle in such a manner that it caused you to fail to maintain. They could do this through an accident reconstruction, independent witnesses, or your own statements.

Important Pre-Trial Steps for Chesterfield Reckless Driving Lawyer

With a case like this, what the defense wants to show and look into prior to court is the accident reconstruction. We want to determine exactly what the officers saw and how the accident occurred. In addition to that, we want to see the maintenance records on your vehicle. In other words, a Chesterfield reckless driving lawyer’s job is to ask, “Was there a maintenance issue? Was there a failure to properly maintain the brakes?” What’s also good to look at is any statements you made to the officer regarding the accident. All of these issues are very important and will help us try and negotiate a resolution with the prosecutors.

Effect on Commercial Driver’s Licenses

This charge can most definitely detrimentally affect your commercial driver’s license or CDL. The main issue with a case like this is we need to try and present an alternative resolution to the court. If you are convicted of the charge and you have a CDL, it will often result in a loss or suspension of your CDL and a loss of your job typically as well.