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.
Under this law, there are two ways that you can be convicted of Reckless Driving Failure to Maintain Control/Improper Brakes. The police officer must be able to prove that you either drove a vehicle that was not under proper control or drove a vehicle with inadequate or improperly adjusted brakes. There is no requirement that you get into an accident in order to be convicted of this offense. However, if you were charged with Reckless Driving Failure To Maintain Control/Improper Brakes after getting into an accident on a snowy or rainy day, there is case law that holds that mere hydroplaning does not automatically equal reckless driving.
For example, it is considered Reckless Driving Failure To Maintain Control/Improper Brakes in Virginia if you speed or accelerate too quickly and lose control, tailgate other cars and lose control, constantly change lanes and lose control, make an erratic or unsafe lane change and lose control, weave in-and-out of traffic and lose control, fall asleep behind the wheel and lose control, are distracted to a point where you lose control, or drive a vehicle with inadequate or improperly adjusted brakes.
By Michael Huff, Esq.
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