There are many different ways a person could potentially be charged with reckless driving in Loudoun County. In some cases, a reckless driving charge may be the result of a driver who is unaware that there is a problem with their brakes or steering mechanism, leading them to drive erratically. Depending on the circumstances of the incident, a person could be convicted of reckless driving, which is a Class 1 misdemeanor in the state of Virginia. This is why it is very important to retain the services of a Loudoun County reckless driving attorney who is familiar with and comfortable with local laws and criminal procedure.
Reckless driving by vehicle not under control is pursuant to Virginia code section 46.2 – 853, and it includes a number of driving behaviors. Most notably, that code section is used when someone is involved in an accident because they failed to stop or were distracted when they were operating the vehicle. You may also be charged with it if the driver knowingly had a faulty or inadequate braking system.
In order to prove this, a variety of evidence may be introduced including statements the driver made after the accident and pictures of the condition of the vehicle involved. Pictures of wear on tires or brakes are also not uncommon, making it imperative that a Loudoun County reckless driving defense attorney is contacted. An experienced lawyer can help refute or cross-examine the presenter of such evidence and they may be able to help cast any inferences made about the presentation of the evidence in a more favorable way.
Both of these charges are violations of Virginia Code reckless driving statutes and they are both Class 1 misdemeanors. However, depending on the facts and circumstances of the case, reckless driving by accident involving faulty equipment may be a more serious charge or may be a less serious charge. Typically all reckless driving charges carry the same level of severity with the exception of very, very high speed cases.
The most common defense for violating Virginia Code Section 46.2 –853 is that the brakes malfunctioned and you had no notice or knowledge of the malfunction. This is commonly seen in tire blowout cases or cases of mechanical malfunction. In addition, it is not uncommon for someone to be charged with code section when driving on a slippery, rainy roadway and lose control or traction on icy or snowy roadways. Often the weather conditions, especially if the driver acted responsibly during those weather conditions would be a defense for the violation of this code section.
A ‘blame the mechanics’ defense is not uncommon, however, it is not the most prudent road to go in a trial for violating this code section. If you have documentation that the vehicle was in good working order prior to the accident and after the accident, it was shown to have faulty mechanic work done, then that may be a defense, but you should discuss this with an experienced attorney.
Faulty brakes mean brakes that are not up to accepted safety standards. This may include brakes that did not pass inspection, or brakes that otherwise malfunctioned. It may also include faulty braking of the operator including failure to appropriately judge the distance between your vehicle and other vehicles resulting in an accident.
If the brakes are faulty, they will make noises or squeal when you stop or otherwise grab, catch or take longer than normal to accomplish braking. Also, Virginia licensed drivers are required to have their vehicles inspected on a yearly basis. This is just one of the reasons for Virginia State Police mandated safety inspections.
Typically an attorney should do the same sort of background work as he would do for any reckless driving accident case. If your brakes however are deemed to be faulty at the time of the accident, it is either that you did not have knowledge that they were faulty or believe that you may have been inappropriately told that they were not faulty and then you may have additional defense available that your attorney would want to look into.
Northern Virginia Criminal Defense Group
