Many people associate reckless driving in Fairfax with speeding excessively. It is true that one of the most common reasons a motorist is charged with reckless driving is when they are caught traveling in excess of 80 miles per hour. However, there are other instances where Fairfax Police may decide to charge you with reckless driving. For example, it is possible to face reckless driving charges if your vehicle was not kept under control while on a public road or highway.
What Does “Not Under Your Control” Actually Mean?
Driving a vehicle not under your control generally refers to operating your car, truck, SUV, etc. with faulty brakes or losing control of your vehicle. If your brakes fail and cause an accident or if there’s something in the road that you avoided by swerving and you suddenly lost control of your vehicle. These are situations that may result in you being charged with reckless driving.
What Must Be Shown by a Commonwealth Attorney to Convict You of This Type of Reckless Driving
To be convicted of this type of reckless driving, a Fairfax police officer must present evidence that shows either (i) you lost control of your vehicle or (ii) your brakes were not working properly and (iii) in either situation, it was your fault.
If there is no evidence of you admitting to this fact, then it is very possible to contest these charges and prevail in court. A skilled Fairfax reckless driving defense lawyer can help. An attorney can cross-examine the police officer’s allegations to poke holes and raise questions in their determination. A savvy lawyer can also investigate your case and present evidence demonstrating either that your vehicle’s loss of control was not your fault, or that the brakes were working fine, or you had no warning that there was something faulty with your brakes.
Defending Against the Charge that You Lost Control of Your Vehicle
There are a myriad of ways someone could suddenly lose control of their vehicle and it was not their fault. For example, there may have been an object in the road and you swerved to avoid hitting it. This is a viable defense since, under the circumstances, you could assert that you acted reasonably to try and avoid a serious accident.
Defending Against the Charge of Faulty Brakes
When a motorist encounters faulty brakes, it is not automatically the fault of the motorist. If you had no warning that there was anything wrong with your brakes, then you should definitely contest these reckless driving charges.
What A Reckless Driving Attorney Can Do To Strengthen and Enhance Your Defense
If you are charged with reckless driving due to faulty brakes, your attorney can assist with compiling documents showing that you had your vehicle routinely inspected, maintained, and that any repairs that were required were taken care of in a timely manner. Similar steps can be taken if you were charged with reckless driving due to suddenly losing your control of your vehicle from swerving to avoid an object on the road. Your attorney can assist by taking photos of the portion of the road (especially if the object remained on the road and was obstructing the flow of traffic).
Charged with Reckless Driving? Contact the Dua Law Firm Today
Reckless driving charges are no laughing matter. You should take them seriously and protect your rights by retaining the services of an aggressive and experienced Fairfax County reckless driving defense lawyer with the Dua Law Firm. Our legal team takes pride in offering compassionate and effective legal representation to all of our clients, including those charged with reckless driving. Contact Raj Dua at 703-539-8092.