Virginia Criminal Defense

Virginia Criminal Defense Lawyer

Call For A Free Legal Consultation

(888) 205-9314

Reckless Driving In A Golf Cart?

Apparently, it’s possible. A 72 year old Manassas man was cited for reckless driving in a golf cart when his vehicle rolled over, and several of his 7 passengers were injured.

The crash took place in Mineral, a small community in Lousia County, and was apparently on a regular road, Lake Forest Drive, which would be subject to typical driving laws.

reckless driving in a golf cartHow exactly he got 7 passengers onto a golf cart at all remains an open question. The man had his wife, his son and daughter in-law, and 4 grandchildren loaded onto the cart when it overturned. It is reasonable to speculate that the card was significantly overloaded which certainly could have lead to the accidents. It is not typically very easy to roll over a golf cart under normal driving conditions.

Reports say that passengers suffered some serious injuries, but were not life threatening.

The man is facing a Class 1 Misdemeanor for reckless driving, which can be a serious offense, especially when injuries result.

Most likely, he is facing the charge under VCC 46.2-852 – Reckless driving, general rule.

Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

Any action that results in rolling over a golf cart and injures people more than likely qualifies as reckless endangerment.

Of course it was just a horrible accident, and it’s quite unlikely that this grandfather is a dangerous criminal. I’m sure he feels terrible having been responsible for injuring his family. He could very likely face license loss for the reckless driving charge.

We hope the family recovers quickly.

 

Crime Falling in Virginia, Residents Unaware

The fear of crime is something that motivates people to lock their doors at night and to avoid eye contact on public transportation. But, according to Hampton Roads’ News Channel 3, much of that fear is misdirected. They cite a new study from the Pew Research Center that says gun violence is at its lowest in decades, and still falling. [Read more…]

Witnesses Accuse Richmond PD of Excessive Force

Usually when there are accusations of excessive force, it’s the victim’s word against the officers’, and we know who usually wins. But when others are around to sound the alarm, such accusations get far more attention. One man’s struggle with Richmond and RRHA police is providing a perfect example. [Read more…]

VA City First to Swear Off Drones

As police agencies across the country are using Homeland Security money to purchase drones for the use against civilians, one Virginia city has bucked the trend and put a two-year moratorium on the use of unmanned aircraft. Charlottesville is the first city in the nation to swear off the usually-military aircraft and they are hoping others will follow suit. [Read more…]

Virginia Legislature Refuses to Reform Reckless Driving Laws, Speed Cameras

Go directly to jail. Do not pass go. Do not collect $200. Do such words sound familiar? Those famous phrases are emblazoned on the long-established board game of Monopoly.

Unfortunately, it’s not just a board game in Virginia. Apparently, it’s a real-life game of picking the pockets of motorists to raise revenue. And in Virginia, one may go to jail and also pay a fine for ‘reckless driving.’ The offense that could result in jail time includes driving 80 mph in a 70 mph zone.

Reckless At 10 mph  Over The Limit

70/65Recently, the speed limit was raised to 70 mph on certain Virginia highways, but the reckless driving standard remained set at 80 mph, just 10 mph higher. As defined, reckless driving is a class one misdemeanor that carries a maximum fine of $2500, six points, a six-month license suspension, and a year in jail.

Delegate Joseph D. Morrissey (D-Henrico) detected this oversight and promptly introduced legislation to keep such severe sanctions from applying until one is cited for going 20 mph over the speed limit. His effort was quickly killed by a subcommittee on January 9th, the very first day that the new General Assembly was in session.

Was money a factor? Well, that broadly-defined reckless driving law has become ‘big business’ in the Commonwealth. Reckless driving citations account for fully $29.5 million of the $238 million in annual traffic fine revenue generated in the state.

New taxes are anathema, particularly in Republican-controlled jurisdictions. The cowardly, indirect ‘tax’ called the ‘traffic fine’ is emerging as an increasingly significant way to meet those government obligations in lieu of either raising taxes or controlling spending.

Right Turn On Red

traffic lightsBased upon an already existing law in the neighboring state of Tennessee (Tenn. Code Sec.55-8-198(i)), Mr. Morrissey (D-Henrico) then tried to introduce legislation that prohibited camera citations unless there is a failure to yield the right-of-way to a pedestrian, cyclist, or motorist during a right-hand turn. Delegate Morrissey appeared have supporting data on his side. Both the US DOT and the City of Los Angeles have studied the issue of rolling right turns, and they found little evidence of increased accidents.

Such information did not deter the House Committee on Science and Technology from quickly shutting down Mr. Morrissey’s radical attempt at common sense. The committee voted 18-4 against House Bill 1879.

Perhaps strategies this injurious to the Commonwealth should be kept to board games. ‘Monopoly’ is all about money. Perhaps the traffic laws in the state of Virginia are as well.

The Virginia House of Delegates’ message to municipalities is clear –  keep those cameras rolling during right turns. Keep those automated tickets flowing, and keep the cash flowing as well.