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Virginia Beach Reckless Driving Attorney: § 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.

THE WORD “PROPER” USED IN THIS SECTION is not an absolute but a relative word. It means “appropriate” or “suitable.” Voight v. Reber, 187 Va. 157, 46 S.E.2d 15 (1948).

NOTICE OF STEERING DEFECT. –The law does not impose the duty upon a driver to keep his automobile under complete control at all times. However, where driver knew, prior to accident, that there was a problem with his steering, because he had previously experienced difficulty keeping his vehicle under control, the trial court could have found that he was on notice of a defect in his vehicle that could interfere with his ability to maintain proper control, but that he continued to operate his vehicle despite this defect. Kennedy v. Commonwealth, 1 Va. App. 469, 339 S.E.2d 905 (1986).