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"Failure to maintain control" ticket

  • Thread starter Thread starter sosey
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sosey

Guest
What is the name of your state?What is the name of your state? Virginia


I was in an accident on I-77 in Virginia a few months ago where I was given a "failure to maintain control" ticket. here are the details. I was going 55 or 60 in a terrible thunderstorm traveling northbound. My vehicle hydroplanned and crossed through the median and into southbound traffic. The result was an 8 car accident with 2 totaled vehicles. the officer on the scene gave me the "failure to maintain control" ticket but said "I don't think it was your fault. It was weather related but i must give you the ticket. Come to court and we will work it out." The court date is approaching and i am curious if anyone knows what that ticket means, what the penalty is and if i should hire a lawyer to come with me. Thanks
 


JETX

Senior Member
sosey said:
The court date is approaching and i am curious if anyone knows what that ticket means
Yep, it means you failure to slow down your driving due to the weather conditions caused the accident. You have an obigation to use a little intelligence and adjust your driving to the road and weather conditions. You didn't.
However, a quick review of the Virginia laws does not show a violation of 'Failure to maintain control"!! Are you sure that is on the ticket?? What is the EXACT citation detailed??
Are you sure it is not 'Reckless driving'??

§ 46.2-852. Reckless driving; general rule.
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

or
§ 46.2-853. Driving vehicle which is not under control; faulty brakes.
A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

or, more likely:
§ 46.2-861. Driving too fast for highway and traffic conditions.
A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

what the penalty is
Penalties have ranges. And since the actual 'penalty' is up to the court, no one can guess what it might be.
Contact the court and ask them how much the fine is for that violation... once you find out what the correct violation is.
 
S

sosey

Guest
The ticket states "Fail to Maintain Control of Vehicle P. Imjury Accident" although the law section quoted is 46.2-853
 
It's also a CRIMINAL OFFENCE in Virginia. Class 1 Misdemeanor (same class as DWI/DUI). Go figure. You also get a criminal record upon conviction. Good luck.
 

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