Driving Vehicle Not Under Control in Virginia
January 19, 2017 by Jean Humbrecht
Driving a Vehicle Not Under Proper Control in Virginia is a Form of Reckless Driving and is a Crime
Driving a vehicle not under proper control or with faulty brakes is a crime in Virginia-not a traffic infraction. The charge of Driving Vehicle Not Under Control in Virginia under Va. Code §46.2-853 is a form of reckless driving and a conviction will remain on a driver’s permanent criminal record.
Proof of Driving Vehicle Not Under Control in Virginia
To convict an offender of the charge of Driving Vehicle Not Under Control in Virginia under Va. Code §46.2-853, the Commonwealth must prove that the offender:
- drove
- a vehicle
- that was not under proper control or had inadequate or improperly adjusted brakes
- on a highway in the Commonwealth
A driver’s awareness that there is a defect in the vehicle that prevents him from being able to control it can be used to convict a driver of the charge of Driving Vehicle Not Under Control under Va. Code §46.2-853.
Penalty for Driving Vehicle Not Under Control in Virginia Under Va. Code §46.2-853
Reckless driving charged as Driving Vehicle Not Under Control in Virginia is a Class 1 misdemeanor. It is punished with up to one year in jail, a fine up to $2,500, and driver’s license suspension for 60 days up to 6 months. The driver can apply for a restricted driver’s license if his license is suspended, which will allow him to drive to a limited number of places at specific times of the day. However, a commercial driver cannot obtain a restricted license at all if his license is suspended. A conviction for a reckless driving charge in Virginia under Va. Code §46.2-853 will automatically result in 6 DMV demerit points.
If the driver was using a handheld communications device in violation of Va. Code §46.2-818.2 (or texting while driving), he or she will have to pay a mandatory minimum fine of $250 (Va. Code §46.2-868(C)). In some circumstances, a driver can be convicted of both reckless driving and texting while driving in Virginia. Click here for more information on texting while driving in Virginia.
The court may also require the driver to enroll in and complete the Virginia Alcohol Safety Action Program (ASAP) if the court thinks that the offense was alcohol or drug-related.
Finally, if convicted of Driving Vehicle Not Under Control in Virginia under Va. Code §46.2-853, the driver will have a permanent criminal record and the charge cannot be expunged.
Is A Charge of Driving Vehicle Not Under Control in Virginia Under Va. Code §46.2-853 Ever A Felony?
Driving a vehicle not under control in Virginia under Va. Code §46.2-853 can sometimes be charged as a felony. If the driver’s operator’s license was suspended or revoked for a moving violation and the reckless driving caused the death of another person, the driver will be charged with a Class 6 felony (Va. Code §46.2-868(B)). Felony reckless driving is punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for one year.
For more information on felony reckless driving charges in Virginia, click here.
Driving Vehicle Not Under Control in Virginia (Statute)
§46.2-853. Driving vehicle which is not under control; faulty brakes.