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Can poor vehicle maintenance result in criminal charges?

On Behalf of | May 16, 2022 | Criminal Defense

There are numerous laws in place in Virginia to ensure that drivers conduct themselves in an appropriate manner. Road users must not speed, be intoxicated while operating a vehicle or drive in a careless or reckless manner.

One important aspect that is commonly overlooked is the roadworthiness of vehicles. You may also face criminal charges if your vehicle is not maintained to a level that allows you to retain complete control over the car.

What the law says

The state of Virginia imposes a duty on road users to have proper control over their vehicles. This is enshrined in the Codes of Virginia section 46.2–853. If a road traffic collision has occurred because your brakes were faulty or not appropriately calibrated, then you could face criminal charges on top of civil liability. The potential charges lodged against you could amount to reckless driving by faulty brakes, which is a class 1 misdemeanor.

Did you know the brakes were faulty?

If you’ve neglected to take care of your vehicle and have had no routine maintenance performed, then you are more likely to be held liable under the criminal law. However, if you have recently had your car inspected, and the dealership has given it a clean bill of health, then you are not necessarily to blame.

Building a defense strategy

If you’re facing criminal charges for reckless driving, then it is up to the prosecution to establish guilt beyond a reasonable doubt. Equipping yourself with a knowledgeable support network will help you to assert your legal rights and build a suitable defense strategy.

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