Hampton Reckless Driving By Not Under Control Charges

Reckless by driving a vehicle not under control generally refers to someone being charged for endangering life, limb or property because they were driving a vehicle that wasn’t under their control due to the fault of their own. A lot of times this happens when someone is driving faulty brakes or faulty brake light. However there are defenses available for this offense and it is therefore in the best interest of those charged to consult with a Hampton reckless driving lawyer as soon as they get a chance.

Evidence in Failure to Control Cases

In these cases, the officer is required to present evidence that shows that the defendant lost control of his vehicle due to something that he did incorrectly. It’s pretty difficult to prove this because the defendant has to usually admit that there was some kind of warning that his brake or his vehicle were not working properly in order for the officer to be able to get a conviction out of him in that way.

A lot of times also, there will something in the road that the officer or the driver was swerving to hit which means that the driver’s loss control was not his fault.

A lawyer can help you because there’s a lot of defenses such having something in the road or having the brake randomly malfunction with no warning.

They can cross examine the officer and his allegations and demonstrate what actually happened.

Building a Defense

There a few reasons why someone could lose control on their vehicle and not have to be their fault. Sometimes there are objects in the road unexpectedly or other drivers driving sporadically which can cause otherwise well-behaved drivers to react in a split second the results in a loss of control of their vehicle.

For faulty brake, a legal excuse would be if there was no warning at all but the vehicle was faulty. And therefore, the driver was not held for the faulty brake.

Can This Be the Fault of the Mechanics?

It can be a fault of mechanic if for some reason a mechanic decided not to tell somebody that there was something wrong with their vehicle or they shrugged off an issue that really should have been repaired. It’s going to be hard for the defendant to prove that that’s the case. If they have strong evidence to suggest this, there’s a pretty good likelihood that this defense would hold up in court and result in a dismissal.

Faulty Brakes

In these types of cases, faulty brake means generally that your vehicle can cause the hazard to vehicles on the highway because of the unreliability of the brake functioning properly when necessary. As long as you have been properly maintaining and caring for your vehicle which means routine inspection and requires safety inspection, then all the general maintenance that comes with having a vehicle, then there’s no reason that anyone should not know is something was going wrong with their vehicle or their brakes.

Impact on CDL Holders

This charge can affect the commercial driver’s license. Reckless driving of any type is considered a serious violation. If someone receives too many serious violations within a certain period of time, 2 to 3 years, and then their commercial driver’s license can be disqualified. When a license was disqualified, they’re not allowed to drive their commercial vehicle. It’s important to keep this in mind because a disqualification can result in somebody losing their ability to earn a living if that’s where this job is. It’s also possible to face disqualification even if you were driving your personal vehicle and now your commercial vehicle when you were charged.

Steps An Attorney Can Take to Help

Your attorney can help prove that you were routinely having your vehicle inspected and that there was nothing wrong with your vehicle that could have been prevented. Your attorney can also explain to you exactly what needs to be proven by the police officers so you can both go through the evidence and figure out how best to refute the officer’s testimony.

Your attorney can help explain how the court process will work so that you know exactly what you’re getting when you walk in and not be blindsided.