Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-71 next last
To: Fractal Trader

I thought a California Stop was at a stop sign, not a red light. Most red lights down here in Florida have a green arrow indicating no need to stop.


21 posted on 02/15/2011 7:17:39 AM PST by Lucius Cornelius Sulla ('“Our own government has become our enemy' - Sheriff Paul Babeu)
[ Post Reply | Private Reply | To 13 | View Replies]

To: MinorityRepublican

The Virginia law is probably excessive, but we have now been warned. To avoid the problem, come to a full stop. Don’t exceed the speed limit. If we do that, there is no need to worry about the highway patrol, whether lurking or not.


22 posted on 02/15/2011 7:18:26 AM PST by NCLaw441 (I before E except after C, or when sounded as A in neighbor and weigh. Isn't that WEIRD?)
[ Post Reply | Private Reply | To 14 | View Replies]

To: jacknhoo

I nearly slammed into the back of somebody who did this to me - I was going 40 MPH and the light had just changed - my lane was clear, so she didn’t realize I had no need to slow down at all. Then she got pissed at me for honking at her. Dumbarse.


23 posted on 02/15/2011 7:18:53 AM PST by GnuHere
[ Post Reply | Private Reply | To 7 | View Replies]

To: Ken H
Taxes and fines are NOT levied or imposed for the benefit of those taxed or fined.

Virginia sees its citizens, and especially non-citizen’s driving through, as a potential revenue stream through excessive fines - and little more.

24 posted on 02/15/2011 7:18:53 AM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ken H

The “money quote”:

“The committee also struck a provision ensuring that the reckless penalty is not applied to infractions detected by a red light camera”.

(Reckless driving fine) + (red light camera proliferation) = $$$$$$$$$$$


25 posted on 02/15/2011 7:22:14 AM PST by Stosh
[ Post Reply | Private Reply | To 1 | View Replies]

To: BigBobber

But please recommend Virginia to any liberal drivers!
We love out of state drivers (and you can guess why!)


26 posted on 02/15/2011 7:22:17 AM PST by mrsmith
[ Post Reply | Private Reply | To 10 | View Replies]

To: Fractal Trader

Out here in California, we call it the “California Roll” because of the connotation to sushi.


27 posted on 02/15/2011 7:24:28 AM PST by Harpo Speaks (Honk! Honk! Honk! Either it's foggy out, or make that a dozen hard boiled eggs.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Lazamataz; jacknhoo
 

28 posted on 02/15/2011 7:29:26 AM PST by Vendome (Don't take life so seriously..... You won't live through it anyway.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: NCLaw441
The Virginia law is probably excessive, but we have now been warned. To avoid the problem, come to a full stop. Don’t exceed the speed limit. If we do that, there is no need to worry about the highway patrol, whether lurking or not.

Right.

Heck, if they did cite us, we could simply check the Laser Stop Detector device they would have recorded us on.

Oh wait. There's no such thing.

Well, cops NEVER lie, then.

Oh wait, they do.

Well, then we need to shut the f up and lube down.

29 posted on 02/15/2011 7:33:58 AM PST by Lazamataz (If Illegal Aliens are Undocumented Workers, then Thieves are Undocumented Shoppers.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: jacknhoo

I agree.

If the light is red, you DO NOT have the right-of-way.

You stop, make sure the path is clear, the turn right with caution.

That’s the way grown-ups do it, anyways.

I really, really don’t need a six year old kid and his bike smashed up under my bumper...


30 posted on 02/15/2011 7:34:06 AM PST by djf (Sometimes you are The Old Man and the Sea. But most times, you are the fish!!)
[ Post Reply | Private Reply | To 7 | View Replies]

To: allmendream
Virginia sees its citizens, and especially non-citizen’s driving through, as a potential revenue stream through excessive fines - and little more.

Funny you mention out-of-staters. A few years ago Virginia enacted a law that would impose a $3000 reckless driver fee on someone who was convicted of said offence. The problem was that they could not impose the fee on out-of-state drivers since those cars were not registered in Virginia. The law was ultimately struck down and later repealed for those reasons. What is scary is that the law was never challenged on the grounds that it was cruel and unusual punishment.

31 posted on 02/15/2011 7:36:22 AM PST by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
[ Post Reply | Private Reply | To 24 | View Replies]

To: GnuHere
I nearly slammed into the back of somebody who did this to me - I was going 40 MPH and the light had just changed - my lane was clear, so she didn’t realize I had no need to slow down at all.

I'm convinced that many drivers are unaware that they DO NOT have the right of way when turning right on a red.

32 posted on 02/15/2011 7:42:24 AM PST by TankerKC (Confucius say, he who rushes to vote on bill before reading, might forget severability clause.)
[ Post Reply | Private Reply | To 23 | View Replies]

To: pnh102
Not just the 8th Amendment, but also the privileges or immunities clause.

The Constitution clearly says there cannot be one set of laws for the residents of the State and another set for residents of other States.

A California tax on vehicles brought in from out of State was found to violate this provision.

No doubt the $3,000 “reckless driving” fee for out of state drivers would have also been found so upon those grounds.

33 posted on 02/15/2011 7:45:57 AM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
[ Post Reply | Private Reply | To 31 | View Replies]

To: Ken H

Sounds to me like the State of Virginia just gave their citizens marching orders to immediately start FILMING Public Servants and Public Employees engaged in Reckless Driving. Film the Cop rolling thru a red light to turn right and send to Motor Vehicle Dept and Court and Police Chief for immediate Charges to be filed. DEMAND IT, they are a danger to the community.


34 posted on 02/15/2011 7:53:02 AM PST by eyeamok
[ Post Reply | Private Reply | To 1 | View Replies]

To: NCLaw441

Yes. Back to sleep slave.


35 posted on 02/15/2011 7:55:57 AM PST by Seruzawa (What's Democrat's legacy? Almost 1/2 million dead US soldiers and collapsed cities.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Ken H

I’ve worked with this guy on gun rights and motorcycle rights legislation, including helmet law reform (which he supports).

It is disappointing to find out he is as much a two-faced, totalitarian nanny-stater as most of the rest of them...


36 posted on 02/15/2011 7:58:11 AM PST by WayneS (Enlightened statesmen will not always be at the helm. -- James Madison)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NCLaw441

“If we do that, there is no need to worry about the highway patrol, whether lurking or not.”

Riiight...


37 posted on 02/15/2011 8:00:35 AM PST by Norman Bates
[ Post Reply | Private Reply | To 22 | View Replies]

To: Ken H

This is not what Republicans should be working on.


38 posted on 02/15/2011 8:03:29 AM PST by Defiant (There is no line on the march towards marxism that Democrats won't cross. Democrat=CPUSA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ken H

In neighboring Maryland, there’s a new law requiring oncoming drivers to move from the lane adjacent to a stopped emergency vehicle that is flashing.

I-695, speed cameras are posted in construction zones.

I-95, the bridge and tunnel cops will pull you over for any reason, or a made-up reason. They are keen for drug busts and the ensuing fines and vehicle forfeiture.

It’s a jungle out there.


39 posted on 02/15/2011 8:16:23 AM PST by Stalwart
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ken H
... a fine of up to $2500, ... rolling stops rarely cause accidents ...

We are no longer citizens, we are now revenue sources.

40 posted on 02/15/2011 8:59:02 AM PST by RobinOfKingston (An election is not a (national) suicide pact.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-71 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson