A vehicle owner may be shocked to learn that law enforcement can cite a driver for reckless driving due to faulty brakes. This usually does not apply to sudden unexpected brake failure, but rather to a person intentionally driving with brakes that are barely functional. Since reckless driving is one of the more serious traffic-related offenses, the driver may need to hire a Traffic Defense Lawyer in WI for legal counsel.
Not Having Control
One aspect of reckless driving is not having control of the vehicle. In regard to faulty brakes, a driver is especially at risk of being charged with this offense after causing an accident.
Sudden Brake Failure
Sudden brake failure may still be characterized by the prosecution as reckless. If the car is very old and the undercarriage is rusty, the owner may be required to present records of routine maintenance and inspection. If the car has not been serviced in a long time and rusty brake lines were not replaced, reckless driving may still be charged.
This might also happen if the person had patched a broken brake line instead of replacing it completely. Reputable mechanics will not patch brake lines because of liability issues if the patch fails or another hole develops elsewhere in the line.
A conviction of reckless driving can have steep penalties if a judge believes this is advisable. In Wisconsin, the maximum penalties a judge can issue for reckless driving that causes even a minor injury include a fine of $2,000 and 30 days in jail. A Traffic Defense Lawyer in WI first works to convince the prosecution to reduce charges. If this is not possible, a plea bargain may be negotiated. If the case proceeds to court, the lawyer’s strategy may focus on convincing the judge to issue a lenient sentence.
Sometimes vehicle owners make questionable decisions in an effort to save money, delay repair work or delay having to junk an old rusted car. Continuing to drive with faulty brakes is an example. A person charged with reckless driving under these circumstances may contact an organization like QBS Law S.C. for help. You can also visit them on Facebook.