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.
And therein lies the willingness to embrace totalitarianism. Let us take your affability to extreme measures, to ensure no rolling stops, to their extremes: You have no problem with a 2000+ dollar fine, I see. So how about a 10,000 dollar fine? How about forfeiture of a car? How about a mandatory year in jail? Ten years in prison okay with you? Cutting off a leg cool? How about the death penalty for a rolling stop? How about the killing of the entire immediate family for a rolling stop?
Excessive punishments are unconstitutional, for a reason. It is to prevent, in some small measure, tyranny.
I submit that a fine that would be the entire months earning power for an average man, for a single rolling stop, is excessive punishment.
You stop, make sure the path is clear, the turn right with caution.
I don't know if the law in Texas is the same as it was back in the mid 80s, but then it was illegal to enter an intersection on green, if the intersection still had traffic in it from a light change for other traffic.
I was shocked to hear that coming from a DPS trooper, but he explained it very well to the class. I still go to defensive driving every three years for the 10% insurance deduction.
I would hardly call that totalitarianism...LOL. Tell me, do you support the death penalty?
Pesky guidelines? Let’s stick to the topic at hand: Rolling stops at right on red or at stop signs.
Let’s try again...
My question was: if I have slowed to a crawl at an intersection, and am taking, oh, let’s say a four count by some observer’s viewpoint, but never actually fully ceased motion, is that worse than the other guy at the same intersection who’s brought his car to a full stop, but immediately jumps back on the accelerator within a second, or a one-count? That guy, according to a strict application of the rules has obeyed the letter of the law. However, common sense tells you that the roll-thru offered no worse (and really, superior) chance to assess traffic.
No one, especially me, would advocate that all I should have to do is slow down at intersections. But to simply state ‘if your car didn’t come to a complete stop, you’re in violation’ only equips traffic enforcement officials with a tool to dole out fines.
I don't follow your logic here. To me it always makes sense to slow down a bit at an intersection, knowing there's a good chance someone will pull out in front of me. Defensive driving.
So you support having the death penalty on the table for a crime where it's mostly her word against his? That's insane.
I am only in support of the death penalty for a CONVICTION of rape, which requires evidence beyond a reasonable doubt. I don’t think he said/she said alone gets a rape conviction in these days of DNA and all. Many states had the death penalty for rape until the US Supreme Court canned it back in the 70s, I believe.
Innocent people get convicted for all sorts of things including rape.
****
You’re right. Let’s just toss the criminal law. Everyone fend for yourself.
For the record, Virginia HB1993:
Although the bill was passed by the House, in a Senate committee on February 16 the bill was “Passed By Indefinitely” (i.e. if the committee takes no further action, the bill is dead). The current legislative session ends on February 26.
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=HB1993
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