Virginia Code § 46.2-853 – Reckless Driving for Driving Not Under Proper Control
Virginia Code § 46.2-853 makes it criminal reckless driving to operate a vehicle that is not under proper control or has inadequate or improperly adjusted brakes. This charge frequently arises after automobile accidents, even when the driver was not speeding and the investigating officer did not witness the collision. A conviction is a Class 1 misdemeanor that can carry jail time, fines, DMV demerit points, possible license suspension, and a criminal record. Understanding what the Commonwealth must prove, how accidents are evaluated, and what outcomes may be available is important for anyone charged under this statute.
Virginia Code § 46.2-853 Reckless Driving Guide
What Is Reckless Driving Under Virginia Code § 46.2-853?
Virginia Code § 46.2-853 addresses reckless driving involving a vehicle that is not under proper control or has inadequate or improperly adjusted brakes. The law applies to driving on highways in Virginia and does not require the motorist to exceed the speed limit.
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What Does Virginia Code § 46.2-853 Prohibit?
The statute provides that a person is guilty of reckless driving when operating a vehicle on a Virginia highway that:
- Is not under proper control; or
- Has inadequate or improperly adjusted brakes.
These are two separate grounds for a charge under the same statute.
The first concerns the driver’s control of the vehicle. The second concerns the condition or adjustment of the vehicle’s braking system.
Most motorists charged under § 46.2-853 encounter the statute after an incident in which their vehicle left its lane, ran off the roadway, struck another vehicle, or otherwise appeared to be out of control.
Is Speeding Required?
No. A driver can be charged under § 46.2-853 without any allegation of excessive speed.
The question is not necessarily how fast the vehicle was traveling, but whether the evidence establishes the required failure of vehicle control or the applicable brake-related violation.
Speed may be relevant to the circumstances, but § 46.2-853 does not establish a numerical speed threshold.
Is This a Criminal Offense?
Yes. Section 46.2-853 is a reckless driving statute, and a violation is ordinarily classified as a Class 1 misdemeanor under Virginia Code § 46.2-868.
It is not merely an ordinary traffic infraction.
A conviction can carry criminal penalties even when the underlying incident involved only a single vehicle and no injuries.
Penalties and Consequences of a § 46.2-853 Reckless Driving Conviction
Reckless driving under § 46.2-853 is ordinarily a Class 1 misdemeanor, not a routine traffic ticket. A conviction can affect a motorist’s criminal record, driving privileges, insurance, and employment opportunities.
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Jail and Fine Penalties
Under Virginia Code §§ 46.2-868 and 18.2-11, the ordinary Class 1 misdemeanor penalties include:
- Up to 12 months in jail
- A fine of up to $2,500
- Both jail and a fine
- Applicable court costs
These are maximum authorized penalties, not mandatory sentences for every conviction.
An ordinary § 46.2-853 violation does not carry an automatic minimum active jail sentence.
The court considers the facts of the incident, the defendant’s history, the applicable law, and other relevant sentencing circumstances.
Six Virginia DMV Demerit Points
The Virginia DMV classifies reckless driving involving faulty brakes or improper vehicle control as a six-demerit-point violation.
DMV lists an 11-year driving-record retention period for this conviction.
The six-point assessment and the 11-year record-retention period are separate consequences.
Possible Driver’s License Suspension
Virginia Code § 46.2-393 authorizes the court to suspend a Virginia-licensed driver’s license for not less than 60 days and not more than six months following a conviction under § 46.2-853.
The suspension is discretionary for a Virginia-licensed driver, but the possibility should not be overlooked.
For a nonresident or a person without the required Virginia license, the statute provides for a court-ordered prohibition against driving in Virginia for a period of 60 days to six months following conviction.
Restricted driving privileges may be available when authorized by law and granted by the court for good cause.
Criminal Record Consequences
Unlike an ordinary traffic infraction, reckless driving is a criminal misdemeanor.
A conviction may appear in criminal court records and background checks, depending on the records searched and applicable disclosure laws.
Certain qualifying convictions may eventually be eligible for sealing under Virginia law, but a criminal conviction is not automatically erased because the defendant completes the sentence.
Automobile Insurance Consequences
An insurer may discover a reckless driving conviction through the motorist’s driving record.
Depending on the insurer and the driver’s history, the conviction may affect premiums, underwriting decisions, or continued coverage.
The extent of any insurance consequences varies.
Employment and Professional Driving
A conviction may also matter when an employer evaluates criminal history or driving records.
The consequences can be particularly significant for people whose employment requires driving, operating commercial vehicles, or maintaining an acceptable driving history.
For a more detailed explanation of criminal sentencing and related consequences, see our Virginia Reckless Driving Penalties Guide.
Why Drivers Are Charged Under § 46.2-853 After Automobile Accidents
Many § 46.2-853 charges originate from automobile accidents rather than speeding stops. An investigating officer may conclude that the motorist failed to maintain proper control after finding a vehicle off the roadway, in another lane, or involved in a collision.
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How Police Investigate an Accident
When a police officer arrives at an accident scene, the officer may examine:
- The final resting positions of the vehicles
- Vehicle damage and the apparent points of impact
- Skid marks, tire marks, and roadway debris
- The roadway’s curves, lanes, shoulders, and intersections
- Weather, visibility, and road-surface conditions
- Statements from drivers and witnesses
- Available photographs, surveillance video, or dashcam recordings
The officer may use this information to determine whether the evidence supports a § 46.2-853 charge. Issuing a summons does not establish that the driver committed the offense.
Can an Officer Charge Reckless Driving Without Witnessing the Accident?
Yes.
An officer does not necessarily have to observe the driving firsthand to issue a reckless driving summons following an accident.
The officer may rely on an investigation, witness statements, physical evidence, and other available information when deciding whether to bring a charge.
At trial, the Commonwealth must still prove the offense through admissible evidence.
Why Some Accidents Are Charged Under § 46.2-852 Instead
An officer investigating an accident may consider either § 46.2-852, Virginia’s general reckless driving law, or § 46.2-853, which specifically addresses improper vehicle control and inadequate or improperly adjusted brakes.
Although the same accident may involve conduct relevant to both statutes, a motorist charged under § 46.2-853 should focus on what the Commonwealth must prove under that specific charge.
For more information about the general statute, see our Virginia Code § 46.2-852 Reckless Driving Guide.
What if Only One Vehicle Was Involved?
A collision with another vehicle is not required for a § 46.2-853 charge.
An officer may issue a summons after a single-vehicle accident involving a ditch, guardrail, utility pole, tree, or other object.
A single-vehicle accident can therefore lead to a charge even though no other motorist was involved.
Does an Automobile Accident Automatically Prove Reckless Driving?
No. An automobile accident, even one involving a substantial loss of vehicle control, does not by itself establish every element necessary for a criminal conviction.
The distinction between an accident, ordinary negligence, and criminal recklessness is important.
An Accident Is Not Automatically a Crime
A motorist may be responsible for causing a collision without necessarily being guilty of criminal reckless driving.
The Commonwealth must establish the conduct required for a criminal conviction, not merely that the driver made a mistake or caused property damage.
A Momentary Mistake vs. Criminal Recklessness
A brief driving mistake is not automatically equivalent to criminal recklessness.
For example, a driver may momentarily drift toward the shoulder and overcorrect, resulting in a collision.
That sequence alone does not answer every question concerning the driver’s conduct.
The court must consider what occurred before the loss of control, what the driver knew or reasonably should have recognized, how the vehicle was being operated, and the surrounding circumstances.
A prolonged or serious failure to exercise appropriate care may provide stronger evidence of criminal recklessness than an isolated, momentary error.
A brief mistake is not automatically excused, and a longer lapse does not automatically establish guilt. The surrounding evidence determines whether the criminal standard is met.
Does the Amount of Vehicle Damage Determine Guilt?
No.
A relatively minor driving error can sometimes produce extensive vehicle damage.
Conversely, dangerous driving may occur without a collision.
The seriousness of the damage may be relevant to the overall evidence, but it is not a substitute for proving the criminal offense.
What if Another Driver Caused the Accident?
The conduct of another driver may be important.
A motorist might lose control while attempting to avoid a vehicle that suddenly enters the lane, stops unexpectedly, or otherwise creates an immediate danger.
Whether the response was reasonable under the circumstances may be relevant to evaluating the charge.
The existence of another motorist’s mistake does not automatically resolve the case, but the full sequence of events should be considered.
Why the Circumstances Matter
A court evaluating a § 46.2-853 charge may consider:
- The driver’s conduct before the incident
- Whether the loss of control was sudden or developed over time
- Roadway design and conditions
- Weather and visibility
- The presence of unexpected hazards
- The conduct of other motorists
- Mechanical problems
- The quality and reliability of the evidence
Common Examples of Failure to Maintain Proper Control
Section 46.2-853 can arise from many different driving situations because the statute does not list a fixed set of prohibited maneuvers. The following are common circumstances that may lead an officer to investigate or charge failure to maintain proper control.
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Running Off the Road
A motorist who leaves the paved roadway and enters a ditch, shoulder, or embankment may be charged under § 46.2-853.
The circumstances leading to the departure matter.
A vehicle leaving the roadway after prolonged inattention presents different evidence from a vehicle responding to an unexpected obstacle.
Crossing the Centerline
An accident may occur when a vehicle crosses the centerline and enters opposing traffic.
An investigating officer may regard that movement as evidence of improper vehicle control.
The circumstances leading to the lane departure may be important.
Striking a Guardrail or Stationary Object
A collision involving a guardrail, pole, road sign, curb, or other stationary object may result in a failure-to-maintain-control charge.
The physical damage and other evidence may help explain what occurred.
Overcorrecting After Leaving a Lane
A driver who drifts onto a shoulder may react by turning the steering wheel sharply.
The vehicle may then cross one or more lanes, leave the road, or overturn.
The initial lane departure, the driver’s response, and any contributing hazards may all be relevant.
Losing Control in a Curve
Curves can present difficulties when a vehicle is traveling too fast for conditions, encounters a slick road surface, or experiences another unexpected problem.
A driver may be charged after leaving the roadway or colliding with an object while negotiating a curve.
Colliding With Another Vehicle
A loss-of-control charge may arise when a vehicle strikes another automobile, including during a lane departure or an apparent failure to maintain a proper lookout.
An insurance fault determination does not itself establish whether the driver committed a criminal offense.
Reckless Driving Involving Inadequate or Improperly Adjusted Brakes
Virginia Code § 46.2-853 also makes it reckless driving to operate a vehicle with inadequate or improperly adjusted brakes on a highway.
This provision is part of the same statute, although it is distinct from the allegation that a driver failed to maintain proper control.
What Does the Brake Provision Cover?
The statute expressly refers to brakes that are:
- Inadequate; or
- Improperly adjusted.
A case involving brakes may require an examination of the condition and operation of the braking system.
Relevant evidence could include vehicle inspections, repair records, mechanical observations, and the circumstances of the incident.
What if the Brakes Suddenly Failed?
A sudden or unexpected mechanical failure may present different circumstances from operating a vehicle with an ongoing brake problem.
The court may need to consider the available evidence concerning the mechanical condition, the driver’s knowledge, the vehicle’s maintenance, and the events leading to the failure.
A driver should not automatically assume that every brake failure establishes criminal reckless driving.
Likewise, a claim of brake failure does not automatically defeat the charge.
Is an Accident Required for the Brake-Related Offense?
No.
Section 46.2-853 does not require that a collision occur before a vehicle’s inadequate or improperly adjusted brakes can become the basis for a charge.
The prosecution must establish the applicable requirements of the charged offense.
Why Vehicle Condition Can Matter
When a brake-related allegation is involved, the condition of the vehicle may be central to the case.
Mechanical evidence can help establish whether the brakes were inadequate or improperly adjusted and what role the condition played in the incident.
This is one reason to distinguish the brake provision from an ordinary allegation of improper vehicle control.
What Must the Commonwealth Prove Under § 46.2-853?
A criminal summons under § 46.2-853 is an accusation, not a determination that the motorist is guilty. In a contested criminal trial, the Commonwealth must establish the charged offense beyond a reasonable doubt.
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Evidence of Improper Vehicle Control
When the allegation concerns failure to maintain control, the prosecution may present testimony or other evidence concerning how the vehicle was operated.
Depending on the incident, that evidence may include:
- Observations by the investigating officer
- Statements from the motorist or other witnesses
- Photographs of the accident scene
- Dashcam, surveillance, or other video
- Physical evidence showing vehicle movement
- Roadway and weather conditions
- The location and extent of vehicle damage
The evidence must support the charged offense rather than merely establish that an accident occurred.
What if Witnesses Describe the Accident Differently?
Conflicting witness accounts may affect how the court evaluates the case.
Witnesses may have observed different parts of the incident, approached from different directions, or misunderstood the sequence of events.
The court must consider the evidence and determine whether the Commonwealth has met the required burden of proof.
Weather, Road Conditions, and Unexpected Hazards
Rain, ice, standing water, debris, poor visibility, and unexpected roadway hazards may affect vehicle control.
These conditions are not automatic defenses.
The issue is how they relate to the driver’s conduct and whether the evidence establishes criminal recklessness.
Mechanical Evidence
If the charge involves inadequate or improperly adjusted brakes, the vehicle’s mechanical condition may be important.
Inspection findings, maintenance information, and other admissible evidence may help the court evaluate the allegation.
For a broader discussion of the issues that may affect reckless driving prosecutions, see our Virginia Reckless Driving Defenses and Reductions Guide.
Possible Court Outcomes for a § 46.2-853 Reckless Driving Charge
Being charged under § 46.2-853 does not necessarily mean that the defendant will be convicted of criminal reckless driving.
The possible outcome depends on the evidence, applicable law, and circumstances of the case.
Reckless Driving Conviction
If the Commonwealth establishes the offense and the defendant is convicted, the court may impose authorized criminal penalties.
These may include a fine, jail sentence, possible license suspension, and other lawful consequences.
The actual sentence depends on the facts and the court’s determination.
Dismissal or Acquittal
A charge may be dismissed or the defendant may be acquitted when the legal requirements for a conviction have not been established or another applicable basis for dismissal exists.
An acquittal or dismissal is not guaranteed simply because the officer did not observe the collision or the motorist was not speeding.
Reduction to Improper Driving
Virginia Code § 46.2-869 permits a reckless driving charge to be reduced to improper driving under legally authorized circumstances.
Improper driving is a traffic infraction rather than a criminal reckless driving conviction.
The statute provides for a fine of up to $500.
The court may find improper driving when the degree of culpability is slight, and the Commonwealth’s attorney may reduce the charge before the court’s decision.
A reduction is not automatic.
The evidence, the motorist’s history, and the circumstances may affect whether a noncriminal disposition is available.
Other Possible Dispositions
Other lawful dispositions may be available depending on the evidence and the circumstances. Neither a conviction nor a reduction should be assumed simply because the case arose from an automobile accident.
What Should a Driver Do Before Court for a § 46.2-853 Charge?
A § 46.2-853 summons alleges a criminal offense, and important accident evidence may become harder to obtain as time passes.
Review the Summons
Confirm the statute number, court, and hearing date. A reckless driving charge under § 46.2-853 is not an ordinary traffic ticket that can simply be prepaid.
Preserve Accident-Specific Evidence
Depending on the circumstances, preserve photographs of the accident scene and vehicle damage, dashcam or surveillance recordings, witness information, weather and roadway conditions, and vehicle inspection or brake repair records. These materials may help explain what happened before the vehicle lost control.
Understand the Court Process
Reckless driving cases are generally heard in Virginia General District Court. For more information about appearances and court procedures, see our Virginia Reckless Driving Ticket and Court Process Guide.
Virginia Code § 46.2-853 – Frequently Asked Questions
Is failure to maintain proper control a criminal offense in Virginia?
Yes. Virginia Code § 46.2-853 makes driving a vehicle that is not under proper control on a Virginia highway a reckless driving offense. A conviction is ordinarily a Class 1 misdemeanor, not a routine traffic infraction. The statute also covers operating a vehicle with inadequate or improperly adjusted brakes.
Can I go to jail for reckless driving under § 46.2-853?
Yes. Reckless driving under § 46.2-853 is ordinarily a Class 1 misdemeanor punishable by up to 12 months in jail, a fine of up to $2,500, or both. Jail is legally possible, but the statute does not require an automatic minimum active jail sentence for every conviction. The actual sentence depends on the circumstances and applicable law.
Will I receive DMV points or lose my driver’s license?
A conviction under § 46.2-853 carries six Virginia DMV demerit points, and DMV lists an 11-year driving-record retention period. Under § 46.2-393, the court may suspend a Virginia-licensed driver’s license for 60 days to six months. The statute separately provides for a 60-day to six-month prohibition against driving in Virginia for certain nonresidents and unlicensed drivers.
Can I be charged with reckless driving simply because I had an accident?
An investigating officer may issue a § 46.2-853 summons after an accident when the officer believes the evidence supports the charge. However, an accident alone does not automatically establish criminal reckless driving. The Commonwealth must prove the offense beyond a reasonable doubt, considering the driver’s conduct and the surrounding circumstances.
Can an officer charge me if the officer did not witness the accident?
Yes. An officer may investigate an accident after it occurred and issue a summons based on witness statements, physical evidence, or other information. The officer does not necessarily have to witness the driving personally. At trial, the Commonwealth must still establish the offense through admissible evidence.
Is running off the road or striking a guardrail automatically reckless driving?
No. Running off the roadway or striking a guardrail may lead to a § 46.2-853 charge, but those facts do not automatically establish criminal guilt. The circumstances leading to the loss of control matter, including the driver’s conduct, roadway conditions, unexpected hazards, and other available evidence.
Can I be convicted under § 46.2-853 even if I wasn’t speeding?
Yes. Section 46.2-853 does not require proof that the driver exceeded the speed limit. The statute addresses improper vehicle control and inadequate or improperly adjusted brakes. Speed may be relevant to the circumstances, but excessive speed is not a required element of this offense.
What if bad weather or a sudden emergency caused me to lose control?
Bad weather, slippery pavement, road debris, another driver’s conduct, or a sudden emergency may be relevant to a § 46.2-853 charge. These circumstances do not automatically establish a defense, but they can help explain why the vehicle lost control. The court must evaluate the entire incident and whether the Commonwealth has proved criminal reckless driving.
Can defective or inadequate brakes result in a § 46.2-853 charge?
Yes. Virginia Code § 46.2-853 expressly covers driving a vehicle with inadequate or improperly adjusted brakes on a highway. Evidence concerning the braking system’s condition, maintenance, and operation may be important. A sudden, unforeseeable mechanical failure may present different circumstances from an ongoing brake problem, and the criminal offense must still be established.
Can a momentary driving mistake result in a reckless driving conviction under § 46.2-853?
Not necessarily. A momentary driving mistake or ordinary negligence does not automatically establish criminal recklessness. However, a brief mistake is not always excused. The court must consider the driver’s conduct, the surrounding circumstances, and whether the Commonwealth has proved the criminal offense beyond a reasonable doubt.
Can a § 46.2-853 reckless driving charge be reduced or dismissed?
Yes, depending on the evidence and applicable law. A charge may be dismissed or result in an acquittal when the prosecution fails to establish the offense or another legal basis applies. Virginia Code § 46.2-869 also permits a reduction to improper driving under authorized circumstances. Improper driving is a traffic infraction rather than a criminal reckless driving conviction. No particular outcome is guaranteed.
For a broader overview of Virginia reckless driving laws and related topics, see our Virginia Reckless Driving Guide.
Discuss a Virginia Code § 46.2-853 Reckless Driving Charge With an Attorney
A reckless driving charge following an automobile accident can carry consequences far beyond the damage to a vehicle. Even when no one was injured, a conviction under § 46.2-853 is ordinarily a criminal misdemeanor that may result in fines, DMV points, possible license suspension, and jail exposure. Our attorneys represent motorists charged with reckless driving throughout Virginia. Our attorneys evaluate the allegations, accident evidence, statutory requirements, and potential consequences associated with each case. If you have been charged with reckless driving for failure to maintain proper control or faulty brakes, learn more about representation from our Virginia reckless driving lawyers.
2/2/2026 | Updated 11/10/2026