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Virginia’s New Ignition Interlock Law

May 22, 2012

A very thorough and relatively balanced look at Virginia’s new ignition interlock law from the Washington Post – Is the new law too tough?
Starting on July 1st, anyone convicted of any first offense DUI will require a ignition interlock device installed in their vehicles in order to get their license restored. Previously the law required an interlock only in multiple offenses or other high breath test failure cases, but now it will cover anyone.
An ignition interlock is a “rolling breathalyzer”. You must provide a clean breath sample (alcohol free) in order for your car to start.
With any legal change, there are winners and losers.
The big question is: how much is public safety improved by requiring these systems to first time offenders who may have made a one time mistake, blowing just barely over the legal limit?
Obviously they are big losers in this decision. The courts may be a loser too, in that it is very possible a lot more DUI charges will go to trial. If a person for any number of reasons can’t get an ignition interlock, such as they have to drive different vehicles for their job, then it may make sense to take a chance in court to fight the charges. Even if the chances of winning are slim, some people will have nothing to lose by taking a gamble.
Interlock manufacturers and installers are also big winners. They now have state mandated customers.
But it remains to be seen how much this will truly help the citizens of the Commonwealth of Virginia make a measurable improvement in public safety.

Filed Under: dui, interlock, law

Reckless Driving on a Bicycle Law?

January 12, 2011

Apparently, Virginia State Senator Creigh Deeds is introducing a bill to make reckless driving on a bicycle a separate law.
It is certainly true that you can “drive” recklessly on a bike. There was a horrible hit and run on a bike case in DC that I think it still unsolved. A rider stuck and killed an elderly pedestrian.
But the question is, why does this need a separate statute? As via Blacknell points out, reckless on a bike appears to be already covered within the existing reckless driving statute.
Kind of a mystery.
—
Update: Via ridesolutions quoting Senator Deeds’ legislative aide, the reasoning appears to be that :

“…a separate section of the code with a lesser fine would be more appropriate.”

Makes more sense now.

Filed Under: bicycle, driving, law, reckless

DUI Court Series

November 18, 2009

Interesting series of reports in the Chesterfield Observer on Virginia drunk driving arrests, the court process, penalties, legal strategies used by prosectutors and defense attorneys, and the implications of the Melendez-Diaz decision.

Filed Under: court, drunk driving, dui, law, Melendez-Diaz

More on Driving I-81 Dangers

October 21, 2009

As we noted before, I-81, especially near Page and Shenandoah counties is a dangerous road. This has been recognized by the Virginia Department of Transportation, and today’s comments about a reckless driving charge for a truck driver who fell asleep add some extra food for thought.

Due to budget cuts, rest areas have been closed, and it is illegal to pull over on the side of the road to sleep. This may have been a significant factor in the accident after the driver fell asleep at the wheel.

Fortunately, there was no one was harmed in this incident. But when you take roads that VDOT and the Virginia State police know to be dangerous, and make them more dangerous due to short term budget constraints, you are toying with public safely in a disturbing way.

Filed Under: criminal, driving, law, reckless

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