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Loudoun County Attorneys > Blog > Criminal Defense > Virginia Man Charged with Reckless Driving After Fatal Accident

Virginia Man Charged with Reckless Driving After Fatal Accident


A Virginia man faces criminal charges for reckless driving and failure to maintain control after causing a fatal crash in Hanover County, reported WTVR.

The car accident in question occurred on Interstate 295 near the Meadowbridge Road exit in Mechanicsville. At approximately 12:40 a.m. on Monday, May 14, 2018, the Virginia man was driving northbound and lost control of his vehicle. The car veered off the highway before colliding with a tree and caught fire.

Authorities arrived at the scene to help the Virginia man and two passengers. Unfortunately, the front seat passenger died at the scene from the injuries. Authorities transported the back seat passenger to a nearby hospital to receive treatment for severe injuries. The Virginia man received medical treatment for minor injuries.

The Virginia State Police continues to investigate this fatal crash. The Virginia man who drove the car has already been charged. Consequently, it seems like an opportune time to review Virginia laws and penalties for reckless driving and failure to maintain control.

How does Virginia Address Reckless Driving?

Under Code of Virginia § 46.2-852, it is unlawful to drive a car or operate other vehicles in reckless, careless, or dangerous manner. Section 46.2-852 addresses reckless driving conduct generally. Essentially, reckless driving occurs whenever a driver endangers other people or property. It does not matter how fast the vehicle was traveling. So long as the driver puts other people or property at risk, reckless driving laws can come into play.

How does Virginia Address Failure to Maintain Control?

Under Code of Virginia § 46.2-853, it is unlawful to drive a car or operate other vehicles without proper control. On a larger level, failure to maintain control is a variation of reckless driving in Virginia. It is a general requirement that can apply in several different ways. Anytime a person operates a vehicle without proper control, Section 46.2-853 comes into play. On a specific level, this Section prohibits a person from driving a car with an inadequate or improperly maintained braking system.

What are the Penalties for Reckless Driving or Failure to Maintain Control in Virginia?

The penalties for reckless driving and failure to maintain control appear under Code of Virginia § 46.2-868. As both offenses technically constitute the same offense, the penalties are also identical in most circumstances.

A person convicted of either offense is guilty of a Class 1 misdemeanor in Virginia. The potential penalties for a Class 1 misdemeanor in Virginia include 12 months in county jail and $2,500 in fines.

Contact Us Today for Help

If you are facing criminal charges for reckless driving or failure to maintain control in Virginia, it is highly expedient to reach out to an accomplished criminal defense attorney. The attorneys at Simms Showers LLP, servicing Leesburg, Winchester, Fairfax, and Manassas, have extensive experience defending against reckless driving charges, including failure to maintain control. If you need legal help with criminal defense, contact us today for a free initial consultation.



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