Violation of right-of-way; guilty of reckless driving if cause death of another. (SB909)
Introduced By
Sen. Mark Obenshain (R-Harrisonburg) with support from co-patron Del. Clay Athey (R-Front Royal)
Progress
✓ |
Introduced |
☐ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Reckless driving; violation of right-of-way resulting in death of another. Provides that a person is guilty of reckless driving if he violates the right-of-way of any motor vehicle causing the death of another. The court must sentence the driver to 90 days in jail and suspend his driver's license for not less than six months or more than three years, although the court may suspend the penalties if the person completes 24 or more hours of community service. Read the Bill »
Outcome
Bill Has Failed
History
| Date | Action |
|---|---|
| 01/08/2007 | Prefiled and ordered printed; offered 01/10/07 078945782 |
| 01/08/2007 | Referred to Committee on Transportation |
| 01/18/2007 | Rereferred to Courts of Justice |
| 01/28/2007 | Impact statement from DPB (SB909) |
Comments
What does it mean to "violate the right of way" of another person? Suppose my steering system malfunctions and my car therefore fails to make the turn, crossing the center line and striking an oncoming vehicle, resulting in the death of the other driver. Have I violated this section? If so, this represents a GIANT shift in the law. Until now, Reckless Driving requires evidence that I was driving in a certain (bad) manner. However, as I read the language in this bill, an accident becomes a crime with a minimum sentence and a mandatory loss of license. We would no longer be punishing the choices of the driver (good idea), but we could be punishing the unfortunate and unforseen results of an accident outside the control of the driver (bad idea).