Reckless Driving by Vehicle Not Under Control in Colonial Heights

Reckless driving by vehicle not under control is a criminal charge applicable when a driver fails maintains control of the vehicle. The specific reckless driving charge is usually associated with a single-car accident, such as if a car drove off the road. Reckless driving by vehicle not under control in Colonial Heights is a Class One misdemeanor that carries a maximum penalty of 12 months in jail and a $2,500 fine.

Evidence of Reckless Driving

A failure to maintain control case can be defended in several ways, even when the officer saw the accident or the driver’s words to police at the scene suggests recklessness. That is why lawyers always advise drivers to never say anything to an officer without a lawyer present, even after a single-car wreck.

In most situations, the responding officer will create a crash report, which they will give to the driver involved and which will also go on the driver’s permanent record. In most single-car accidents, there are no witnesses who can be used at trial, so the accident report is often crucial to the outcome of a reckless driving case. An experienced lawyer could cross-examine a police officer to draw doubt about certain elements of a reckless driving allegations.

Mechanical Failure

Sometimes, the court will accept mitigating evidence as a reason for dismissing a case. Under Virginia rules, it is the driver’s responsibility to make sure that their vehicle is in working order before they drive it. Some judges, depending on the situation, will give a driver the opportunity to fix the problem that caused the lack of control – such as faulty brakes or a malfunctioning accelerator.

A mechanical failure on a vehicle could be the fault of an auto mechanic, and in such cases the driver may have civil remedies. As far as criminal liability is concerned, however, generally it is still considered the driver’s responsibility to make sure the car is operating properly.

In certain situations, judges will give a driver some leeway if their car is a total loss or if they had the brakes fixed and could show the receipt. In such circumstances, the judge is essentially acting out of a sense of mercy.

Defending a Reckless Driving by Vehicle Not Under Control Charge in Colonial Heights

There are certain strategies which may allow a defendant to avoid serious penalties for reckless driving by vehicle not under control in Colonial Heights. Depending on what was wrong with the vehicle, their attorney may ask them to get the car re-inspected to determine if a mechanical fault may have caused the accident. In certain situations in which the attorney feels the defendant may be found at fault, they may advise the defendant to enroll in a driving school class or perform some community service. Being proactive may allow prosecutors room to dismiss or reduce a reckless driving charge. Contact an experienced attorney today to learn more about your legal options.

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