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Virginia House Makes Rolling Right Turn Reckless Driving
thenewspaper.com ^ | 02/15/2011 | n/a

Posted on 02/15/2011 6:56:54 AM PST by Ken H

Virginia passes bill imposing up to $2500 fine and possible jail time for boulevard stops.

The Virginia House of Delegates and a state Senate committee approved legislation that would make a rolling right-hand turn on a red light a reckless driving offense. On Thursday the Senate Transportation Committee unanimously approved a bill introduced by Delegate Bill Janis (R-Glen Allen) which the lower chamber had approved by a 67 to 31 margin on February 4.

"Any person who drives a motor vehicle in violation of Section 46.2-833 is guilty of reckless driving," House Bill 1993 states.

Under current law, Section 46.2-833, as referenced above, makes it an infraction either to turn right without stopping on a red light or to enter an intersection a fraction of a second after the light changes to red. The effect of the bill would be to change the penalty for a California stop into a class one misdemeanor carrying six license points, a fine of up to $2500, up to one year in jail and a six-month driver's license suspension. US Department of Transportation statistics show that rolling stops rarely cause accidents (view report).

This outcome is clearly contemplated by the House Courts of Justice Committee which amended the original version of the bill which only sought to impose the reckless penalty on anyone who "unintentionally causes the serious bodily injury or death of another" through red light running. The committee also struck a provision ensuring that the reckless penalty is not applied to infractions detected by a red light camera.

Virginia lawmakers are notorious for turning what other states treat as ordinary traffic infractions into serious misdemeanors. For example, the offense of driving as little as 10 MPH over the limit on some rural interstates may only be charged as reckless driving. Section 46.2-860 of the state code allows police to cite motorists who fail to use a turn signal with reckless driving. In an interview with TheNewspaper, senior Virginia State Police officials confirmed that there are no written guidelines covering offenses that can be treated either as infractions or as reckless driving, leaving police officers free to cite under the reckless statute at their discretion.

The issue came to light in 2007 when the state attempted to impose a mandatory $1050 tax on reckless driving convictions which turned out primarily to involve minor speeding offenses. A bicyclist in Newport News was charged with reckless driving for pedaling too fast. In practice, the state uses the reckless charge to discourage motorists from challenging citations by forcing a plea bargain that is favorable to the state.

A copy of House Bill 1993 in the version as passed by the House, followed by the original version, is available in a 10k PDF file at the source link below.


TOPICS: News/Current Events; US: Virginia
KEYWORDS: vageneralassembly
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1 posted on 02/15/2011 6:56:57 AM PST by Ken H
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To: Ken H

Close that deficit!!


2 posted on 02/15/2011 7:00:52 AM PST by ProtectOurFreedom
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To: Ken H

‘In practice, the state uses the reckless charge to discourage motorists from challenging citations by forcing a plea bargain that is favorable to the state.’

Its all about the $. Nice, glad to see the republicans are about a profitable business, just another way of getting your $.


3 posted on 02/15/2011 7:02:50 AM PST by 556x45
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To: Ken H
Did Virginia finally make it illegal to drive past stopped school buses?
4 posted on 02/15/2011 7:02:50 AM PST by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: Ken H

AKA, The California Stop..............


5 posted on 02/15/2011 7:03:13 AM PST by Red Badger (Want to be surprised? Google your own name. Want to have fun? Google your friend's names.....)
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To: Ken H

Stay out of VA.


6 posted on 02/15/2011 7:03:38 AM PST by goldi (')
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To: Ken H

It is reckless driving.


7 posted on 02/15/2011 7:03:59 AM PST by jacknhoo (Luke 12:51. Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
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To: ProtectOurFreedom

If we can’t tax them with speeding, we will tax them for rolling stops! /sarc


8 posted on 02/15/2011 7:04:06 AM PST by luv2ndamend (Same party, different letter.)
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To: Ken H

Oh good grief! I wonder if the illegal aliens will get deported when they roll through?


9 posted on 02/15/2011 7:04:22 AM PST by Never on my watch (WTF happened to my country?)
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To: Ken H

I will NOT be spending any vacation time or money in Virginia.

Thanks for the warning.


10 posted on 02/15/2011 7:04:48 AM PST by BigBobber
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To: Ken H

Virginia continues its “war on drivers”...

Remind me to stay out of that state in the future.


11 posted on 02/15/2011 7:05:33 AM PST by Zeppo ("Happy Pony is on - and I'm NOT missing Happy Pony")
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To: Ken H
Here is a direct excerpt from the Constitution of Viriginia:

Section 9. Prohibition of excessive bail and fines, cruel and unusual punishment, suspension of habeas corpus, bills of attainder, and ex post facto laws.

That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion or rebellion, the public safety may require; and that the General Assembly shall not pass any bill of attainder, or any ex post facto law.

Apparently the sponsors of this bill are ignorant to their own state Constitution.

Citizens of Virginia, it is your civic duty to fight any infractions you incur under this law should it pass. Take this case to the Virginia Supreme Court and beyond, if necessary. Do not let tyrants rule your lives.
12 posted on 02/15/2011 7:09:41 AM PST by devattel
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To: Ken H

We always called in the California sliding stop.


13 posted on 02/15/2011 7:11:05 AM PST by Fractal Trader
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To: Zeppo

I have no choice but to go through Virginia from North Carolina where I live to visit my parents in Maryland. Always have to watch out for highway patrol lurking somewhere hidden.


14 posted on 02/15/2011 7:11:17 AM PST by MinorityRepublican
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To: Red Badger
In NC that is the standard stop sign procedure, slow and go sometimes not slow.
15 posted on 02/15/2011 7:12:43 AM PST by boomop1
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To: Ken H
Shouldn't speeding be a 10,000 dollar offense, and forfieture of your car?

I mean, we gotta cover the state budget SOMEhow.

16 posted on 02/15/2011 7:12:48 AM PST by Lazamataz (If Illegal Aliens are Undocumented Workers, then Thieves are Undocumented Shoppers.)
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To: jacknhoo

Then by your very strict defn all infractions would be reckless driving. Are you prefect? If not then you’ll likely have to ante up significant $ and take a driver ins premium hit. I think the unintended consequences of an overly strict set of traffic laws won’t work out well. In the end they’ll cause far more problems than they solve.


17 posted on 02/15/2011 7:13:29 AM PST by 556x45
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To: MinorityRepublican

LOL, both terrible states to drive thru, lucky you.


18 posted on 02/15/2011 7:15:18 AM PST by 556x45
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To: jacknhoo
It is reckless driving.

That was reckless posting. I want you to be hit with an Aggravated Felony for such a reckless post.

19 posted on 02/15/2011 7:16:22 AM PST by Lazamataz (If Illegal Aliens are Undocumented Workers, then Thieves are Undocumented Shoppers.)
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To: jacknhoo

Pass it in Tennessee first - then we’ll talk.


20 posted on 02/15/2011 7:16:48 AM PST by beezdotcom
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