Hampton Roads Reckless By Vehicle Not Under Control Lawyer

Reckless driving by not having a vehicle under control is a common reckless driving charge in Hampton Roads. Local police and prosecutors take these charges seriously, and someone without a proper defense could end up with a criminal conviction on their record.

If you have been accused of reckless driving, you should contact an experienced criminal defense lawyer today. A Hampton Roads reckless by vehicle not under control lawyer could stand by you and fight to keep your record clean.

What is Reckless Driving by Vehicle Not Under Control?

Reckless driving by not having a vehicle under control means that the person was driving in an unsafe manner that endangered themselves or other people or could lead to significant property damage. For example, popping a wheelie on a motorcycle, driving at a high rate of speed in the snow, or weaving in and out of lanes at high speed could all result in general reckless driving charges. In these types of cases, the evidence used against an individual in court would usually be the officer’s testimony, or occasionally testimony from other witnesses.

There are different code sections in the Virginia uniform code for general reckless driving and reckless driving by speed, but all forms of reckless driving are considered Class One misdemeanors.

Mitigating Circumstances

There can be some excuses for a vehicle not being in a driver’s control. There may have been an equipment issue, for example. If a person’s brakes failed or there was a mechanical problem, then that might be an argument for the court to take into consideration, provided that the person is up to date on having their car inspected. If a person’s car was inspected and then there is a subsequent problem, the fact that they had it inspected can be used as mitigation in their case.

In some cases, reckless driving by a vehicle not being in a driver’s control can be found to be the fault of a mechanic or someone who has previously worked on the car. This is usually the case when there are equipment malfunctions, and the charged person will need to provide evidence to argue this theory. If mechanical failure applies to your situation, a Hampton Roads reckless by vehicle not under control lawyer will know how to present this information in court.

Brake Failure

In some instances, a person may be aware that their brakes are not working properly. They may notice longer stopping distances or may have a warning indicator that can tell them that there is something wrong with their car. In other instances, however, there can be a sudden system failure. This can happen when a person has a hydraulics problem that causes their brakes to stop functioning. Often, in those types of situations, a person is unaware of the problem until the accident occurs, and at that point, it is too late to fix the issue.

Effects of a Reckless Driving Charge on Commercial Driver’s License

As a reckless driving misdemeanor, being charged with failure to control one’s vehicle would likely lead to a loss of a Commercial Driver’s License if a person is convicted. Judges do not want to make people lose their license and job if they can avoid it, however. If the defense can show the court mitigating evidence, often they will be willing to keep the charge off of the person’s driving record so that they can keep their job.

Steps the Defense Can Take

Attorneys could help someone by first finding out all of the details of the accident and the case. They may try to find evidence that, though the driver was engaging in an improper way to drive, it was not legally reckless. They may also try to find evidence of mechanical faults that made the person unable to drive the car safely. If they are unable to show those defenses, they will try to gather mitigating evidence to convince the judge to show leniency to the individual. This involves showing a person’s driving record, presenting evidence to the judge of employment, and doing anything else possible to show that the person does not normally operate a vehicle in this manner and simply made a mistake.

How a Hampton Roads Reckless Driving Attorney Can Help

If you were charged with reckless driving, you should contact a Hampton Roads reckless by vehicle not under control lawyer as soon as possible. If convicted, you could face fines and skyrocketing insurance costs. An attorney could work on your behalf to keep this criminal conviction off your record.