Failure to Maintain Control; Accident Ticket Dismissed in Dinwiddie, Virginia
Today in Dinwiddie County General District Court, I represented a client who was charged with a misdemeanor after he was involved in an accident in Dinwiddie County, VA. Typically, an officer will ticket the individual “who he thinks” is at fault in the event of a car accident. The officer on the scene gave my client a ticket under the Code of Virginia section 46.2-853 which states:
§ 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.
Accident cases are very interesting because the officer writing the ticket can not testify since he did witness the accident occur (in most cases). As a result, the only evidence he has during trial are statements made by those involved in the accident as well as witnesses on the scene(if any). Therefore, if you are involved in an accident, it is very important not to make any statements; they will only hurt you. Pursuant to the 2nd Amendment, you have the right to remain silent.
In this particular case, I was able to get my client’s “Fail to Maintain Control-Accident” charge completely dismissed. I was able to argue that the prosecution did not offer sufficient evident to convict the defendant.