Fail to Maintain Control (Reckless Driving) in Fairfax County

There are two types of charges known as Failure to Maintain Control you can be charged with in Fairfax County:  The Virginia Reckless Driving Statute and the Fairfax County Code.  It is important to know the differences between the two types.  If you are unsure which you are charged with then contacting a lawyer would be a good idea so there are no mistakes in your case.  Many Fairfax County officers and Troopers will simply write "failure to maintain control" or "improper brakes" on the summons.  Be sure to find out with it is charged as reckless driving.

Failure to Maintain Control as a Misdemeanor or Infraction

Failure to Maintain Control under §46.2-853 is reckless driving in Virginia and is prosecuted in Fairfax County.  As with other reckless driving charges, it is a Class 1 Misdemeanor and must be taken seriously.  Be sure to check your summons for that code section.  Consider it a "red flag" if you see "Failure to Maintain Control" or "Improper Brakes" or "op improper brakes."  Many times, it will be charged in accident cases where there is evidence of speeding or some vehicular defect.  For example, if it is bad weather out (such as raining or foggy) and there is evidence of speeding or faulty equipment, a Fairfax County officer may use this reckless driving statute thinking the person failed maintain control of their vehicle by not taking the weather conditions into account.  However, it should be noted that the law does not impose the duty upon a driver to keep their vehicle under complete control at all times.  Rather, there must have been some knowledge or reason to know there was a defect with the vehicle prior to driving it.

Failure to Maintain Control under 82-4-25 is a Fairfax County Ordinance.  It is a no-point non-moving violation in Virginia. This code section is used in a lot of cases where there was an accident .  It is a prepayable offense which can be appropriate sometimes.  However, if responsibility is disputed, then it should be tried before a Judge and not prepaid.

Hire a Lawyer for your Failure to Maintain Control Charge

Remember, reckless driving charges are not simple traffic infractions.  They are misdemeanors a will be a misdemeanor conviction on your record if convicted.  A lawyer can help you negotiate a lesser offense that is not a misdemeanor or contest the charge and have a trial.  In either event, we do these cases all the time and will take the position that you are not guilty of the charge.