July 8, 2014
Fail to Maintain Proper Control (Single Car Accident) Charge Dismissed in Mecklenburg
Recently, I was contacted by a defendant charged with “Fail to Maintain Proper Control” in Mecklenburg County, Virginia. This came as a result of a single vehicle accident. Typically following an accident, the responding officer is obligated to write a ticket to whoever he/she deems is at fault. Usually these tickets are written as “reckless driving” regardless of whether the driver was truly driving reckless.
In cases such as these, the officer’s only evidence is witness testimony as well as any statements made by the driver at fault. As a result, it is difficult for the commonwealth (prosecutor) to prove that the defendant was driving reckless.
In this particular case, there was only one car involved in a guard rail collision. There were no witnesses and the driver did not admit to any reckless behavior. At trial, the commonwealth was not able to prove reckless driving. Therefore, I got my client’s charge reduced without driving school.
If you have received a ticket for Fail to Maintain Control in Mecklenburg, or anywhere else in Virginia, contact me as soon as possible to discuss your case. See case results below.
By Daniel Leavitt