Virginia Code
Va. Code Ann. § 46.2-853 (2026)
Driving vehicle which is not under control; faulty brakes
✓ current as of May 2026
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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.
Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 1991, c. 119.
Notes of Decisions
Cited in 13
cases (7 in the last 5 years), 1996–2026 · leading case: Linda Eugene Hall v. Commonwealth, 488 S.E.2d 651 (Va. Ct. App. 1997).
Linda Eugene Hall v. Commonwealth, 488 S.E.2d 651 (Va. Ct. App. 1997). “Although the record contains two references to Code § 46.2-853, the parties agree that appellant was convicted of violating Code § 46.”
Robinson v. Commonwealth, 633 S.E.2d 737 (Va. Ct. App. 2006). “The final sentencing order improperly references the reckless driving conviction as a conviction under Code § 46.2-853, rather than Code § 46.2-852.”
Joana Konadu v. Commonwealth of Virginia (Va. Ct. App. 2024). “Sitting without a jury, the Circuit Court of Fairfax County (“trial court”) convicted Joana Konadu (“Konadu”) of misdemeanor reckless driving pursuant to Code § 46.2-853 before sentencing her to twelve months’ incarceration and a $2,500 fine.”
Kashawna Jean Moore v. Commonwealth of Virginia (Va. Ct. App. 2018). “” Ultimately, appellant was convicted of the reduced charge of improper driving upon a finding that appellant’s “degree of culpability [wa]s slight.”
Milne (W.D. Va. 2026). “Lopez, who has not appeared in this case, was found guilty “in absentia, for reckless driving due to his failure to maintain proper control of his vehicle in violation of Va. Code § 46.2-853.” Mot. Mem. at 5, sce also Mot.”
Crawford (W.D. Va. 2026). “Lopez, who has not appeared in this case, was found guilty “in absentia, for reckless driving due to his failure to maintain proper control of his vehicle in violation of Va. Code § 46.2-853.” Mot. Mem. at 5, sce also Mot.”
Commonwealth of Virginia v. Jevon Glenn Augustus, Sr. (Va. Ct. App. 2016). “2-817) or recklessly failing to control the vehicle (Code § 46.2-853) justified the stop.4 The Commonwealth advocates almost exclusively for eluding, arguing that reasonable suspicion existed because Augustus, after the investigators activated their signals, sped up (even though…”
Christopher Lee Bailey v. Commonwealth of Virginia (Va. Ct. App. 2022). “2-896, and reckless driving, in violation of Code § 46.2-853. 1 Appellant’s probation officer filed a major violation report and a later addendum.”
Larry Booker v. Commonwealth of Virginia (Va. Ct. App. 2024). “2-817(B) and reckless driving in violation of Code § 46.2-853. The trial court sentenced Booker to 18 months in jail with all but 1 month suspended.”
Cady v. Falls (E.D. Va. 2022). “The Commonwealth must prove beyond a reasonable doubt each of the following elements of that crime: (1) That the defendant was driving a vehicle on a highway; and (2) That he [was driving in a manner so as to endanger the life, limb or property of any person; name action…”
City of Chesapeake v. Evans, 91 Va. Cir. 247 (Chesapeake Cir. Ct. 2015). “2-852 (reckless driving; general rule); 2 (11) Va. Code § 46.2-853 (reckless driving; driving vehicle that is not under proper control); (12) Va.”
Allen v. Barksdale (W.D. Va. 2025). “2-869 (improper driving), § 46.2-853 (driving a vehicle not under control), and 49 C.”
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