Virginia Code § 46.2-853 – Reckless Driving for Driving Not Under Proper Control

Virginia Code § 46.2-853 is a commonly charged reckless driving statute that applies when a driver is alleged to have operated a vehicle without proper control. Unlike reckless driving by speed, this offense focuses on how the vehicle was handled and whether the driver maintained adequate control under the circumstances. Charges under § 46.2-853 often arise when a vehicle leaves its lane, strikes another vehicle or object, runs off the roadway, or otherwise appears to be operated in a manner that demonstrates a lack of control.

Many drivers are surprised to learn that a loss of control alone can lead to a criminal reckless driving charge, even when speed is not the primary issue. This page is part of our Virginia reckless driving law guide and explains what conduct is covered by Virginia’s “not under proper control” reckless driving statute, how courts evaluate these cases, how this charge differs from other reckless driving laws, and how § 46.2-853 fits within Virginia’s overall reckless driving framework.

What Conduct Is Covered by Virginia Code § 46.2-853?

Virginia Code § 46.2-853 makes it unlawful to operate a motor vehicle that is not under proper control. The statute does not list specific driving behaviors that automatically qualify as a violation. Instead, the focus is on whether the driver maintained sufficient control of the vehicle in light of roadway conditions, traffic, and surrounding circumstances. Charges commonly arise in situations involving sudden lane departures, overcorrection, striking a curb or guardrail, drifting into another lane, or colliding with another vehicle.

The statute may also be applied when a driver loses control due to inattention, distraction, or improper handling of the vehicle. Importantly, a driver does not need to be traveling at an excessive speed for this law to apply. The key issue is whether the manner of driving demonstrates a failure to maintain proper control of the vehicle. Because the statute is broadly written, it can apply to a wide range of real-world driving situations.

How Courts Evaluate a “Not Under Proper Control” Allegation

When a driver is charged under Virginia Code § 46.2-853, the court examines whether the driver’s conduct shows a lack of reasonable control over the vehicle. Judges typically rely on the officer’s observations, testimony regarding how the vehicle was moving, and the events that led to the stop or crash. The court may consider roadway design, weather conditions, traffic congestion, visibility, and the presence of any obstacles or hazards. The surrounding circumstances usually play an important role in determining whether the loss of control was avoidable or whether there were external factors.

Unlike reckless driving by speed, there is no numerical threshold or mechanical measurement that establishes the offense. Instead, the court must decide whether the driver’s operation of the vehicle met the legal standard of proper control. Because these cases depend heavily on factual interpretation, outcomes often vary based on how the incident is described and evaluated in court.

How § 46.2-853 Differs From General Reckless Driving and Speed-Based Charges

Virginia Code § 46.2-853 differs from other reckless driving statutes because it is specifically tied to vehicle control rather than general dangerous conduct or excessive speed. General reckless driving focuses on whether a driver’s behavior endangered life, limb, or property. Reckless driving by speed focuses on defined speed thresholds. In contrast, § 46.2-853 centers on whether the driver properly handled and controlled the vehicle. A driver may be charged under this statute even when speed is moderate and no aggressive driving is alleged.

This distinction is important because many drivers assume that reckless driving charges always involve high speeds. In practice, a lack of control can be just as significant to the court as excessive speed. Situations involving drifting, sudden swerving, or loss of steering control often fall under this statute rather than under general or speed-based reckless driving provisions. Understanding these differences helps clarify why multiple reckless driving laws exist in Virginia.

Criminal Classification and Consequences of a § 46.2-853 Charge

A violation of Virginia Code § 46.2-853 is classified as a reckless driving offense and is therefore a criminal misdemeanor. A conviction creates a permanent criminal record and is not treated as a routine traffic infraction. In addition to fines and court costs, a reckless driving conviction can result in demerit points being assessed to a driver’s record and may lead to higher automobile insurance premiums. Because the offense is criminal, the case is handled on the criminal traffic docket in General District Court and generally requires a court appearance.

The court has broader authority in reckless driving cases than in ordinary traffic matters. Many drivers underestimate the seriousness of a charge under § 46.2-853 because it may arise from a brief driving error or momentary loss of control. Understanding the criminal classification and potential long-term impact of a conviction is important when evaluating how this statute affects a driver’s record and future driving history.

How § 46.2-853 Fits Within Virginia’s Reckless Driving Laws

Virginia Code § 46.2-853 functions as a more specific reckless driving statute within Virginia’s broader reckless driving framework. While some reckless driving laws address speeding, racing, passing stopped school buses, or failing to move over for emergency vehicles, § 46.2-853 focuses narrowly on a driver’s ability to maintain control of the vehicle. This statute often applies in situations where unsafe handling of the vehicle is the primary concern rather than aggressive driving or excessive speed. It operates alongside Virginia’s general reckless driving statute.

And along with other specialized provisions to cover different forms of dangerous driving behavior. Understanding how § 46.2-853 fits into this structure helps explain why a driver may face a reckless driving charge even when the conduct does not clearly fall within other more familiar reckless driving categories. The statute fills an important role by addressing safety risks created by poor vehicle control.

Learn More About Legal Options for a § 46.2-853 Charge

Drivers who would like to learn more about available legal options after being charged under Virginia Code § 46.2-853 can review our Virginia reckless driving lawyer resource for additional information. That resource explains how reckless driving cases are typically handled in Virginia courts, what drivers can expect during the court process, and how different reckless driving statutes may be evaluated in practice.

2/2/2026