The Herndon Town Council is currently considering an ordinance that would largely ban firearms on town property.

Specifically, the proposed measure would “prohibit the possession, carrying, or transportation of any firearms, ammunition, or components or combination thereof on Town property,” including public parks, community centers, and public streets during permitted events.

The ordinance includes some exceptions for law enforcement, security, and active-duty military personnel who are engaged in official duties. Unloaded firearms could also be allowed for educational activities or displays.

If adopted, the ordinance would bring Herndon in line with most other Northern Virginia jurisdictions, including Fairfax and Arlington counties and the cities of Falls Church and Alexandria.

However, Herndon Mayor Sheila Olem announced on Tuesday (April 13) that a decision on the ordinance has been deferred until the town can hold a public hearing on the issue and staff can provide more information on the potential fiscal impacts of a ban.

Herndon Town Attorney Lesa Yeatts wrote in a staff report that possible budgetary considerations could include the costs of posting and removing signage required by Virginia law and enhancements to security measures like guards and metal detectors.

Town Manager Bill Ashton is not scheduled to report back to the town council until May 6, but in the meantime, what do you think of the proposal? Should people be allowed to have guns on town property?

Photo via Jeremy Alford/Unsplash

This is an opinion column by Del. Ken Plum (D), who represents Reston in Virginia’s House of Delegates. It does not reflect the opinion of Reston Now.

During its Reconvened Session last week the General Assembly approved an amendment proposed by Governor Ralph Northam that decriminalizes the possession by adults of a small amount of marijuana effective July 1, 2021. Virginia joins 26 other states and the District of Columbia that have decriminalized small amounts of marijuana. This generally means certain small, personal-consumption amounts are a civil or local infraction, not a state crime (or are a lowest misdemeanor with no possibility of jail time). Based on the new law in Virginia, adults can grow up to four plants, gift it in private, or have an ounce or less in their possession if they are over 21. Selling, buying, or driving with marijuana remains illegal at this time. People given a summons for possession for an amount beyond the minimum will be issued a summons for marijuana possession for which they have the option of prepaying the civil penalty of $25 instead of going to court.

I voted for the Governor’s amendments as necessary to reflect the realities of marijuana possession and use. The people of Virginia will be no less safe as a result of these changes. Our jails will be less full of persons who use marijuana recreationally for themselves, and persons who do so will not be labeled a criminal. Previously marijuana possession was a criminal offense punishable by up to 30 days in jail and/or up to a $500 fine. Public opinion polls have shown that 83 percent of Virginians support lowering criminal possession to a fine and 61 percent support ending prohibition all together.

I also supported the changes in laws related to the use of medical cannabis in 2017. The law enacted at that time permitted patients suffering from intractable epilepsy to use some types of cannabis oil with a doctor’s certification. Subsequent amendments to that law allow patients with any condition to receive recommendations to use and purchase cannabis preparations with no more than 10 milligrams of THC per dose. Extracts sold under the provisions of this law must be produced by processors approved by the Virginia Board of Pharmacy. Thirty-three other states have similar laws related to the use of marijuana for medical purposes.

Retail sales of marijuana will not begin until January 1, 2024. Many complex issues remain to be resolved as to who will be certified to sell the product, how an illicit market will be controlled, and what the limitations on purchasing will be. The Joint Legislative Audit and Review Commission issued a 175-page report in November 2020, entitled “Key Considerations for Marijuana Legalization” that sets direction with options as to how the state should proceed with full legalization. There is a determination on the part of most legislators that the current system for labeling persons criminal and putting them in jail is not appropriate and that total reform is needed. Minority communities have been particularly hard hit by the current system. Much work remains to be done, but I believe Virginia is taking a responsible route to fixing the laws about weed.

The Herndon Town Council has deferred action on an ordinance that would prohibit firearms on town property.

Mayor Sheila Olem announced Tuesday (April 13) at the council’s meeting that it will hold off on any action with the firearm ordinance until Town Manager Bill Ashton can come back with additional information on the subject.

Olem added the council would also like to hold an advertised public hearing on the matter so it “can gather input from our residents.”

“Following last week’s work session discussion on the item, the council’s consensus was that we should give the town manager time to analyze the budgetary impacts of this,” Olem said.

Ashton will return to the council on May 6 to present his findings during a strategic planning session.

The proposed ordinance follows initial discussions the council had in September after Virginia adopted legislation allowing localities to institute ordinances to prohibit firearms on their public property.

Herndon’s proposed ordinance falls in line with similar ordinances that have been adopted in Fairfax, Loudoun and Arlington counties, as well as in cities including Falls Church and Alexandria.

The ordinance, if passed, would prohibit the “possession, carrying, or transportation of any firearms, ammunition, or components or combination thereof” on town property.

The town property listed in Herndon’s proposed ordinance includes any building used or owned by the town, or any authority or local government entity controlled by the town for governmental purposes. The ordinance extends to public parks and recreation or community centers owned or operated by the town.

The ordinance would not to apply military personnel when acting within their official capacity, sworn or retired law enforcement officers, on duty private security hired by the town, and for educational programs or historical reenactments conducted or permitted by the town and wherein the firearms used are not loaded.

A violation of this ordinance would constitute a Class 1 misdemeanor.

Photo via Thomas Def/Unsplash

Since Virginia’s new law barring the use of mobile phones while driving went into effect on Jan. 1, local police have written hundreds of citations.

The Fairfax County Police Department has issued “over 415 tickets” related to violations of the hands-free law since the new year.

The Herndon Police Department tells Reston Now that its officers initially issued warnings but did not ticket motorists for violating the law, which prohibits people from holding a handheld communications device while driving a moving vehicle on Virginia highways.

“The first two months of 2021 saw our patrol officers issuing warnings to motorists that were observed in violation of the law,” a Herndon Police spokesperson wrote. “Our goal was to inform as many people as possible of the change in laws.”

However, Herndon Police began issuing citations on March 1, and since then, they have written 43 citations for motorists violating the law.

The state law notes that violations are punishable by a fine of $125 for the first offense and $250 for any subsequent offenses.

The law was technically enacted on July 1, 2020, but was not effective until six months later so that a public messaging campaign could be established and law enforcement could be trained on how to enforce it.

There are few notable expectations to the rule, including emergency vehicle operators performing official duties, drivers who are lawfully parked, and someone using their phone to report an emergency.

While it is illegal to hold a mobile phone while driving, it remains legal to talk on a phone provided it is not in the driver’s hand.

According to Drive Smart Virginia, nearly 15% of all fatal crashes in 2020 involved distracted driving.

Preliminary Virginia Department of Motor Vehicles data indicates that Fairfax County had the most fatalities related to distracted driving in the state last year, as well as the most injuries resulting from distracted driving.

Photo via Alexandre Boucher/Unsplash

The Herndon Town Council is considering adopting a new law that would prohibit the possession of firearms and ammunition on town property.

At its work session tomorrow (April 6), the town council will discuss creating a law that would prohibit “the possession, carrying, or transportation of any firearms, ammunition, or components or combination thereof on Town property, in Town buildings or on certain other areas owned by the Town.”

As noted in a staff report, council members will have three potential outcomes to vote on at next week’s meeting on April 13, a town spokesperson confirms.

The council could vote to adopt the ordinance as written, defer consideration until budgetary impacts are determined, or advertise a public hearing to get public input.

This is the second time that the council has discussed a firearms ban as part of a work session after an initial conversation took place in September in response to Virginia General Assembly legislation that took effect last summer.

The state bill permitted localities to adopt their own ordinances prohibiting firearms in public facilities.

Herndon is a bit behind other local jurisdictions in considering a ban.

Arlington County and the cities of Alexandria and Falls Church have already instituted a ban on firearms on locality-owned property, including courthouses, public parks, and community centers, and at public events. Fairfax County also adopted a similar ordinance for all county-owned spaces in September.

The staff report notes that Herndon’s ordinance is similar to the county’s, but “tailored to Herndon.”

The proposed ordinance calls for “increased security measures” like metal detectors to prevent access to these areas while possessing a firearm. It also mandates that a written notice about the ordinance be posted at entrances to the areas where the prohibition is in effect.

The staff report says that, so far, there has been no opportunity to determine the fiscal impacts of the law, including installation of metal detectors and posting signage.

The ordinance would have some exemptions. For instance, law enforcement, security personnel hired by the town or the state, active duty military personnel would be allowed to have firearms on public property, and educational activities like static displays and historical reenactments would be permitted.

The ordinance could also potentially allow for lawfully possessed firearms stored in a locked, private motor vehicle that is lawfully parked on town property or a public street.

A violation of the ordinance would be punishable as a class one misdemeanor, which carries a sentence of up to 12 months in jail and a $2,500 fine.

Back in September, nearly all of Herndon’s councilmembers reached a consensus that more public input was needed, along with further research into how the ban was being enacted in neighboring localities.

Several councilmembers noted that a ban on firearms on town-owned property would need to clearly communicate that all guns are not going to be confiscated individual owners. Councilmembers also raised concerns about whether the ban would hold up legally, considering that the U.S. Supreme Court has ruled in favor of individual gun owners in the past.

However, more recently, the Supreme Court has declined to rule on such cases.

Photo via Thomas Def/Unsplash

Reston Town Center manager Boston Properties and security contractor MaxSent may have to face trial over a women’s 2018 lawsuit alleging she tripped, fell, and got hurt walking from the parking garage to the shopping center.

Camille Sedar fell down a short flight of stairs, landed face first, and lost consciousness. She was later diagnosed to have a concussion. The suit alleges she tripped due to loose, uneven bricks and “sagging” caulk at the top of the stairs causing the fall.

Sedar says she doesn’t remember the fall. Though witnesses didn’t actually see her fall, they saw her on the ground, hurt, and called for help, according to court documents.

Sedar won the appeal in the U.S. Court of Appeals for the Fourth Circuit earlier this week, as first reported by Bloomberg Law.

The appeal centered on if there was enough “material” facts and evidence that lack of upkeep and maintenance could have caused the loose bricks and her fall.

Sedar provided photographic evidence, scuffed shoes, and an expert engineer witness saying large gaps due to loose bricks create tripping hazards.

The defense argued that it wasn’t on their clients to fix small “sidewalk irregularities,” which are visible to all and known to be avoided. Plus, it was “mere speculation” that these irregularities caused her fall in the first place.

However, a loose brick may not be immediately obvious and visible, argued the plaintiff, and therefore created a hazard.

Sedar also offered evidence that the shopping owners and property manager had knowledge of the hazard.

The court agreed there was enough evidence that the loose brick and sagging caulk could have created a tripping hazard and, therefore, the case could go to trial.

“We make no comment on which parties’ evidence is more persuasive. We only ask whether Sedar has provided ‘evidence beyond speculation’ that provides a sufficient basis for a reasonable inference of causation,” reads the court’s opinion. “We conclude that she has.”

Reston Now has reached out to each side’s attorneys but have yet to hear back as of publication.

Photo by R. Dawson/Flickr

After purchasing your car insurance you will receive a declaration page from your insurance company detailing the amount and type of coverage you have for specific incidents. Below are some of the most important areas to understand.

Bodily Injury Coverage

If you are involved in a car accident with one or more other cars a claim or lawsuit may be made against you for personal injury. This claim could be made by a passenger in your car or the driver or passenger in the other car(s). New York State law mandates that your insurance carrier must provide at least $25,000/$50,000 in coverage for this claim. Many car owners in Suffolk County chose to increase that amount of coverage. It is common to see Suffolk County car owners with Bodily Injury coverage in the amount of $100,000/$300,000, $250,000/$500,000 or even higher.

Supplemental Spousal Liability Coverage

Regular bodily injury coverage applies to all passengers in your car if an accident is caused by the driver’s negligence. However, if the passenger is the spouse of the driver, the coverage will not apply.

Insurance companies in New York are required to offer the car owner an opportunity to purchase Supplemental Spousal liability coverage. This coverage covers the liability of the car owner if their spouse is injured or killed due to their negligent operation of the car. With this coverage the spouse can make a claim up to the amounts of the bodily injury limits.

Property Damage Liability Coverage

This coverage is used to pay to repair damage that you cause to another person’s vehicle or property. In New York State the requirement is that insurance companies provide at least $10,000 for third party property damage liability coverage. Many cars in Suffolk County are worth far more than $10,000. For that reason many Suffolk County car owners purchase a higher amount of this type coverage. Property damage limits of $25,000, $50,000 and higher are available for an additional premium.

Collision Coverage

This optional insurance, is when your own insurance company pays you, without regard to fault, for damage to your car caused by a collision with another car or any other object or your car overturning. Collision coverage has a deductible option that is generally between $500 and $1,000.

Comprehensive Coverage

This coverage is used when your insurance company pays you, without regard to fault, for damage to your car from all causes, other than collision, such as theft (of your car or some of its parts), fire, flood, windstorm, glass breakage, vandalism, contact with an animal, or contact with falling or flying objects.

Comprehensive coverage has a deductible option that is generally between $500 and $1,000.

Personal Injury Protection (PIP) — No-Fault Benefits

If you are injured in a car accident in New York State you will most likely receive Personal Injury (PIP) benefits from the insurance carrier of the car you were in. This type of coverage is commonly referred to as “No-Fault” benefits.

New York State requires your insurance company to provide at least $50,000 in basic No-Fault benefits. Many car owners in Suffolk County purchase additional coverage.

A car owner may raise the limit of basic No-Fault coverage to $100,000 or even higher. Accident victims in Suffolk County often sustain very serious injuries that require surgeries or hospital stays; in these cases the basic $50,000 in coverage can be exhausted quickly.

In addition car owners can purchase Optional Basic Economic Loss (OBEL) coverage from their insurance company. This increases the No-Fault coverage by $25,000. After the basic amount is exhausted the OBEL can be designated by an injured person to be applied specifically to payments for loss of earnings from work (wage loss), for rehabilitation, or to all elements of basic economic loss.

Supplementary Uninsured/Underinsured Motorists (SUM) Coverage

This coverage includes bodily injury protection against negligent actions of an uninsured or hit-and-run motorist. The minimum amount of this coverage is $25,000/$50,000. For an additional premium you can purchase additional coverage limits.

This coverage is also used if you are involved in an accident with another vehicle that does not have enough coverage to compensate you for your bodily injury. This is known as underinsured coverage.

The Law Office of Carl Maltese Understands Car Insurance Coverage

The Law Office of Carl Maltese has been representing car accident victims for over fifty years. During that time, we have handle thousands of cases that involved New York State Car insurance. We have always been able to explain to our clients how car insurance affects their personal injury claim.

If you have been in a car accident, contact the Law Office of Carl Maltese at (631) 543-8811 for a free consultation. At your free consultation we will be happy to answer any and all questions about your car insurance.

Despite the low traffic volumes on the roads in 2020, the National Highway Safety Administration (NHTSA) estimates indicate that approximately 38,680 people lost their lives on American roads. This represents a 7.2 increase from the figures recorded in 2019.

While 2020 statistics can be blamed on open roads, what is worrying is that even as roads fill up, the number of fatalities on American roads is still high, with industry players declaring the problem an epidemic. According to preliminary reports from the NHTSA, 8,730 people died on American roadways in the first quarter of 2021, representing a 10.5 percent increase from the same period in 2020.

Even as these fatalities continue to pile up, the Department of Transportation is struggling with a backlog of safety regulations ordered by Congress that are long overdue. Some of these rules were due as far as four years ago and could have potentially saved thousands of lives.

Traffic Rules That Are Yet to Be Implemented

According to a review by the associated press, over 13 traffic rules ordered by Congress remain unimplemented. One of the most significant of these rules is the rear-seat safety notification. This rule required car manufacturers to install warning notifications to drivers when a rear-seat passenger is not buckled. The rule has remained unimplemented since 2012 despite evidence showing that approximately half the people that die in an auto accident are unbuckled.

Another pending rule is the side impact standards for children’s car seats. This rule was ordered by Congress in 2014 but is yet to see the light of day. The rule required child car seat manufacturers to ensure that their products meet the set standard to protect children in the event of a side-impact crash.

Other rules yet to be implemented include standards for “smart” headlights, long-distance truck drivers’ medical evaluation for sleep apnea, anti-ejection measures for buses, and a requirement for auto manufactures to keep a ten-year safety record.

The Impact of Backlog in Federal Safety Rules

As these rules remain unimplemented, the impact has been very significant, leaving families devastated. These statistics may sound like numbers to many, but for the families of the 38,680 individuals who lost their lives in 2020, it means the loss of a spouse, child, mom, dad, or friend.

The parents of Kailee Mills, a sixteen-year-old who lost her life in an auto crash in 2017, know the pain far too well. According to them, Kailee was riding with friends to a party when she unbuckled to take a selfie with one of them. At that moment, the vehicle flipped, ejecting her. Kailee died on the spot while her buckled friends suffered minor bruises.

According to her father, David Mills, the family believes that their daughter would probably be alive if these new driving rules had been implemented. “Government should not take so long to act for safety,” said Mills. Following their loss, David and Wendy Mills Kailee’s parents have dedicated their lives to raising awareness on the need for buckling up through their Kailee’s Mills Foundation in honor of their daughter.

There Is Hope

These delays have prompted the attorneys general of the District of Colombia and 17 seventeen states to write to President Joe Biden urging him to hasten the implementation of these rules.

According to Jason Lavine, the executive director Center for Auto Safety, the Biden administration seems more interested in implementing pending regulations across different sectors, which gives a glimmer of hope for increased road safety once the rules are implemented.

If you or someone you know has been affected by an auto accident, contacting a personal injury attorney may help the injured party and family navigate through the legal process and receive the compensation they deserve.

The IRS has announced that many parents are now entitled to new child tax credit payments. News of the benefit increase came as a pleasant surprise to families across the country after years of not qualifying for child tax credit. The child tax extension began in July and has helped low-income families file and qualify for the tax credit.

The extra money will help families cover the cost of school supplies and clothes for their children, in addition to other expenses. Amongst other things, the new changes have brought relief to struggling families, especially after the economic struggles of the pandemic.

What’s New About the Child Tax Credit Payments?

People below the income level for tax returns have been struggling to care for their children. With this expansion, the IRS hopes to help low-income families across the country by including them in the child tax credit. This is part of a larger effort by President Biden and the Democratic party to fight child poverty.

Before this year, households with children under the age of 17 who filed for tax returns and child tax credit received $2,000 per child. This new extension will reach new families and it will allow parents to collect half of their credit for the remainder of the year. For older children between 6 and 17, parents can receive up to $250 a month per child, and for children 6 or younger, they can receive up to $300 per child each month.

Amid the pandemic, the American Rescue Plan increased the amount of child tax credits and extended the benefits to those with lower incomes throughout 2021. Lower-income families could not have access to child tax credits as they were only partially refundable, but now that they are fully refundable, at least through this year, they can reap the benefits.

How Do I Collect It?

The federal government will send out payments to households who qualify in monthly installments to distribute the money this year. The program will automatically include those who submitted and claimed child tax returns for the previous year. Thirty-six million notices have already been sent to qualifying families in the U.S.

Unfortunately, the IRS will not automatically include those who haven’t submitted their tax returns or received stimulus checks. Those within this category need to submit the proper documentation to ensure they receive the new benefits.

Since these changes are new, it is also essential for families and friends to spread the news. It can be an intimidating process, but the extended credit is intended to help those in need, and it can’t do so without educating them first. As put by family lawyer Charles D. Jamieson, “it has been a challenging year. Parents need to understand the various resources put in place to support their children.”

How Will This Help?

So far, there has been difficulty reaching those who had not filed for tax returns or stimulus checks. Since those are the systems in place for the IRS to process the tax credit, they are pushing for more Americans to file to distribute the aid. Spreading the news will be challenging since many U.S. cities have a large population of unaccounted children.

After a long, hard year, community efforts are essential for those in need of financial support to get the assistance they need.

In early July of this year, several new laws went into effect that may impact Virginia Department of Motor Vehicles (DMV) customers.

Many of the bills were written and passed in February and March, but they did not become law until July 1. The new legislation deals with specific subsets of the DMV’s customer base, and they will require individual action on the part of the customer if any of the new laws apply to them.

Virginia’s DMV is the government agency that oversees registration and titling for every automobile and other motor vehicle purchased in the state. Today, the DMV manages close to 6 million licensed drivers across the commonwealth. They are the point of contact for anyone with questions or concerns about the new laws.

The new laws have been passed by the General Assembly and signed by Gov. Ralph Northam. While each is different, the recent regulations directly alter the current status quo for a few separate categories of Virginia drivers. The laws include changes to users’ vehicle registration, issuance fees and obtaining specialized license plates.

Vehicle Registration and Issuance Fees

The first of the new laws concerns the expansion of voluntary disability indicators on vehicle registrations. Now, owners who regularly have a person with a communication impairment in their car are authorized to specify this information on their vehicle’s registration. The text mentions autism explicitly by name as a valid communication impairment, but the law will also pertain to those with speech or hearing disorders.

Applying for the new indicator is optional, but it will forewarn officers when approaching a parked vehicle with someone vocally impaired inside. The “Expansion of Voluntary Disability Indicator on Vehicle Registrations” is House Bill 1960, Senate Bill 1470, and Del. Robert Bell and Sen. George Barker introduced the latest legislation.

In addition to vehicle registration, some of the new laws switch focus to what is known as issuance fees. Two new Virginia laws eliminate fees for the issuance of specialized license plates to current and former members of the state’s National Guard. As of now, active and retired members must pay for the plates that display their services. Del. Wendell Walker and Del. Scott Wyatt sponsored House Bills 1796 and 2261, respectively.

Specialized License Plates

The next law lets those who earned special awards or medals in the military purchase specialized plates to commemorate those honors. For those who went beyond the normal call to duty and earned recognition for their heroic deeds, they can visit the DMV to get a license plate celebrating their award. However, they must first show valid proof of their service and the honor they received.

Awards that could appear on license plates include The Medal of Honor, The Bronze Star and The Purple Heart. Furthermore, House Bill 2669 creates a uniform fee structure for the military award plates. It also says that non-remarried spouses of former military service members can obtain a specialized plate if they prove their spouse collected the award in question.

The final bill signed into law also deals with specialized plates. Senate Bill 1229 adjusts the current Ducks Unlimited license plate to a revenue-sharing venture. Sponsored by Sen. Richard Stuart, the Ducks Unlimited annual license fee increased to 25 dollars, and 15 of the 25 dollars will be shifted to Ducks Unlimited, Inc. who will donate the funds to wetland and waterfowl habitat conservation projects scattered across the state.

Other States with Similar Laws

Although these laws are brand new to the commonwealth, similar laws exist in several other states. For example, while not directly through Ducks Unlimited, Delaware sells an American horseshoe crab license plate that donates a portion of its earnings to wildlife foundations in the state, including the Partnership for the Delaware Estuary and the Delaware Center for the Inland Bays.

Like Virginia’s newly available military award plates, Nebraska created its version in January. Service members must register with the Nebraska Veterans’ Registry, but they too can purchase a plate that represents their completion of a campaign in Iraq.

In Illinois, Gov. J.B. Pritzker signed a bill much like Virginia’s House Bills 1796 and 2261. Beginning in 2022, surviving widows of fallen armed forces spouses in the state no longer need to pay issuance fees for Gold Star license plates. After providing proof of their partner’s award, widows and parents of the deceased can obtain the plate without the extra expense.

Virginia’s Other New Laws

Each of the new laws surrounding the DMV was not the only legislation going into effect around that time. On July 1, Northam signed several bills that reshaped many legal ramifications in the commonwealth.

Virginia became the first southern state to abolish the death penalty. At the same time, it became the first southern state to legalize marijuana, as well. On the education front, public schools must always offer some form of in-person education.

“Laws in Virginia are changing,” said John Cooper of Cooper Hurley Injury Lawyers. “It is important to remember and be aware of the state’s new mandates whenever they arise, as they can have an impact on your daily life.”

After a global shift to working from home, social distancing and self-isolating, the roads seem safer than ever. In reality, many areas have seen a rise in car accidents and other motor vehicle threats compared to pre-pandemic times.

With more people remaining in their homes and limited social outings, the number of cars on the road has decreased since the pandemic began in the spring of 2020. In the United States, the National Highway Traffic Safety Administration (NHTSA) reported the decline during the pandemic’s peak.

 Global Improvement of Accident Rates

This trend echoed globally, as most developed countries placed heavy restrictions on social and professional activity. Other countries, including France, experienced a substantial decrease in accidents. Insurance companies granted a massive amount of refunds to insured drivers, noted by Forbes, as accidents decreased by 80 percent in the first three weeks of the pandemic.

Fatalities also decreased in France compared to the previous year along with road usage and congestion.

Not for Those on The Road

The drop in travel likely caused the statistical improvement. Those that continue to drive, regardless of work from home mandates or social restrictions, are still at risk for roadway accidents and other threats. Commercial drivers who have enabled the lockdown have not experienced fewer accidents or vehicle-related deaths while working to transport essential goods.

New Dangers

While the professionals have not changed their driving habits, other drivers have taken on new attitudes getting behind the wheel. “The pandemic has not been easy, and each person responds differently to the challenges,” Robert Marcus says. Responses include stress, distraction and consumption to help cope with the changes accompanying the global pandemic response.

Emotional impacts of the pandemic, especially from work from home, social distancing and self-isolation, have fueled new dangers associated with driving. Increased stress and loneliness not only impact the emotional clarity and attention of drivers, but lead to increased consumption of mood boosting substances. As drug and alcohol use has fluctuated, the number of accidents has followed.

NHTSA reports also show that more drivers involved in crashes or fatal accidents were not following safety precautions. With less driving, more people have been neglecting to fasten their seatbelts, comply with traffic safety regulations, such as speed limits or traffic signs, and driving under the influence of drugs or alcohol.

Pandemic Problem

While this is evident in the U.S., the trend has also risen internationally as fewer drivers routinely get behind the wheel. France experienced this as well, with more drivers failing to abide by speed limit regulations and more fatal accident instances throughout the pandemic.

In addition to emotional changes, a demand for freedom could be the reason for increased accidents. Driving has historically been a vehicle for liberation, facilitating movement and control. These things have been heavily restricted over the past year to combat the coronavirus. Taking on the open road at high speeds and adopting new bicycling and exercise hobbies have created danger for those driving, either by choice or necessity.

The pandemic has changed a lot of practices regarding safety. While roads have become less crowded, people have become more careless, which has led to a rise in fatal car accidents. There are many reasons for this trend, but it is unclear whether it will improve in the near future as vaccines become more available.

The Virginia State Police are cracking down on speeding, and they want citizens to be aware. On Monday, the state police posted numerous photos on Twitter of speeding tickets that they wrote over the 4th of July holiday weekend.

The tickets might shock some people who consider themselves safe drivers. For example, one officer caught someone driving 134 mph in an area where the speed limit was 60 mph. That’s 74 mph over the speed limit and considered reckless driving. Two of the other tickets posted included someone driving 120 mph in a 55 mph zone in Virginia Beach and another person driving 106 mph in a 70 mph zone in Botetourt County.

All of the drivers are scheduled for traffic court appearances in August.

Warning Citizens About Dangerous Driving

The goal in posting the images is to warn drivers across Virginia that Virginia State Police are taking speeding seriously and making them aware of dangerous drivers on the roads where they live.

Unfortunately, the speeds they saw over the holiday weekend were not out of the ordinary. While they did catch a high number of drivers speeding, the state police have noted that troopers stop people going at these types of speeds every day.

The police want drivers to be more aware that speeding can lead to deadly accidents and reiterate that there is no need to speed on their roadways.

Reckless Driving Putting Citizens at Risk

One Virginia state trooper said that a man died on I-664 in Hampton on Friday. He was speeding when he came up behind completely stopped traffic. The man, named Kevin Riddick, swerved his car to avoid hitting others. In the process, he hit a barrier, and his vehicle overturned multiple times, eventually throwing him from the car.

I-564 is another road where state troopers see speeding fairly often. One area of the road, a straightaway, is a common spot. One of the drivers pulled over on the holiday weekend was going 131 mph in this spot, when the speed limit is 55 mph. According to state police, immediately after making that stop, the same trooper stopped another driver going 94 mph.

Reckless driving does more than put dangerous drivers themselves at risk. Others on the road can quickly end up in accidents because of them. One citizen said she almost always sees a car flying past her during her commute.

Virginia State Police Hoping to Keep Roadways Safe

Police hope that posting the images will bring more people’s attention to the importance of slowing down.

“Reckless driving is considered a crime in Virginia, and many drivers do not realize they can be charged with reckless driving when they are speeding,” says Virginia criminal defense attorney Karin Riley Porter of Price Benowitz Accident Injury Lawyers, LLP.

According to Virginia law, driving over 20 miles above the speed limit or over 80 miles per hour can result in being charged with a Class 1 misdemeanor. Keep in mind that this is regardless of the speed limit on any particular road. This kind of offense could warrant fines and even jail time. Often, the punishment will be more severe the faster the driver was going.

To keep Virginia’s roadways safe, state police are keeping close tabs on roads across the state and hoping to encourage drivers to step off the gas and be more careful.

In 2020, a shocking 32 people were hit by vehicles and killed while walking in the Richmond area. The Virginia Department of Motor Vehicles says this is the highest number of pedestrian deaths in the last decade.

The rate of pedestrian deaths has been growing across the country. In the first half of 2020, there was a 20% rise in pedestrian fatalities. Almost 3,000 people were killed by drivers.

Problems with dangerous driving have been on the rise, including speeding and distracted driving. When combined with more people escaping their homes during the COVID-19 pandemic, the chance for accidents skyrocketed.

Changing Dangerous Driving Behaviors

Richmond officials are determined to change the risky driving behavior they have been seeing more of recently. Last year, a study was launched that they hope will help form new policy and traffic ordinances.

New bills have been passed by state lawmakers, too, to bring harsher penalties to drivers who harm or kill pedestrians and to lower the chances of these accidents. These include banning drivers from using devices like cell phones and allowing speed limits to be as low as 15 mph in some areas.

Richmond has also been working on its Vision Zero initiative, focused on protecting pedestrians and bicyclists from vehicle traffic. The plan is being coordinated by Mike Sawyer, a transportation engineer, with the goal of having zero pedestrian injuries and deaths every year.

Vision Zero originated in Sweden in the 1990s and went on to help lower the number of pedestrian deaths across Europe. The Vision Zero Network is now helping a number of U.S. cities protect their pedestrians by bringing great minds together to overcome common road safety challenges.

Making Strides to Protect Pedestrians

Richmond is hard at work trying to keep pedestrians and bicyclists safe. The City Council recently passed a resolution to install speed cameras around school zones. The city has also created new crosswalks, crosswalk signals, and bike lanes in dangerous school areas to protect students.

Across the city, 450 crosswalks have been installed as part of Vision Zero. 20 miles of new bike lanes have also been installed, along with new traffic beacons. Many of the more dangerous intersections will also get new signs warning drivers to stop for pedestrians.

“Other cities with high rates of pedestrian injuries and fatalities are keeping their eyes on Richmond’s approach to road safety, so this has the potential to make a real impact in protecting pedestrians,” says Lauren Carroll of Commonwealth Law Group.

There are many areas, including suburban and rural locations, that are looking to further protect pedestrians and cyclists in their cities and towns.

Overcoming Road Safety Challenges

The city of Richmond realizes that new signs, crosswalks, and bike lanes can only accomplish so much. Finding a way to end dangerous, risky driving behaviors in the city will continue to be a major battle.

The city is finding it challenging to engineer safer streets without causing more hazards and distractions for drivers. The people working behind the scenes at Vision Zero, along with the city of Richmond, know that pedestrian fatalities are not inevitable and can be prevented. As improvements to local infrastructure continue to be made, Richmond will hopefully begin to see a positive impact on pedestrian safety.

In the United States, drunk driving has been an ongoing issue costing billions annually, and more importantly, taking the lives of roughly 10,000 people every year.

Drunk driving laws have made it illegal at a national level to drive with a blood alcohol content (BAC) at or above 0.08 percent. For drivers under the legal age, “zero tolerance” laws have been implemented, which makes driving with any detectable level of alcohol illegal and punishable by law. Many states such as Virginia have taken further steps to discourage drunk driving by creating more intense penalties.

Virginia Drunk Driving Statistics

As reported by the Virginia Department of Motor Vehicles, one in six Virginia motorists may be involved in an alcohol-related car accident throughout their life. The Virginia DMV also reported that 34 percent of all traffic fatalities were related to driving under the influence of alcohol. These statistics reflect 819 total traffic fatalities in 2018, 278 of which died in alcohol-related car incidents.

In 2018, 19,790 people were convicted with a DUI, resulting in stricter penalties to encourage responsible driving. Amongst these penalties were more extended jail times and increased fines. A DUI in Virginia tends to cost around $5,000 and $20,000. Although Virginia has historically strict DUI legislation, there has been a recent bill passed which eliminates mandatory minimum sentencing, causing many residents to be fearful for the future of road safety in Virginia.

Senate Bill 1443

Senate Bill 1443 was proposed in 2020 to eliminate mandatory minimum sentences and modify sentences for felony offenses, including DUI charges. This bill seems to be a part of a much more significant criminal justice reform, but many Virginians believe the legislation is “missing the mark.” This bill is set to eliminate Virginia’s enhanced jail penalties for grievous repeat offenders and “high-risk” impaired drivers, putting them back on the streets with a slap on the wrist and endangering local drivers.

Differing Views

While some Virginians believe the mandatory minimum sentencing is harsh and unnecessary, a large community of residents are fighting back to keep enforcing these stricter laws and fees. According to a letter to the editor for the Richmond Times-Dispatch, these mandatory minimum jail sentences are put into place to penalize the most grievous offenders of the law in Virginia. These laws are used to target repeated convicts of drunk driving or those pulled over with a blood alcohol concentration level two or more times over the state’s legal limit.

Those in favor of strict DUI laws argue that both repeat convicts of DUIs and drivers with extremely high blood alcohol content make up most drunk drivers resulting in fatalities during car accidents. Both repeat and “high BAC” motorists are labeled as “high risk” drunk drivers according to the National Highway Traffic Safety Administration, with data indicating that 67 percent of drunk driving fatalities in the U.S. involve at least one driver with a BAC level at .15 or higher.

The Uncertain Future with Limited DUI Legislation

On February 5th, 2021, Senate Bill 1443 passed with a 21-17 vote, leaving many Virginians unsure of the future of traffic safety and DUI penalties in their state. To many, this bill seemed to pass at the most frightening time when drunk driving deaths and impaired driving have increased with the rise of the COVID-19 pandemic. Some even argue that now is the time to push for even stricter legislation rather than lessen DUI laws. Governor Ralph Northam announced early in January that every 33 hours, someone is killed by a drunk driving accident. Those who are victims of drunk driving incidents, reach out to Fairfax DUI lawyers for legal guidance and representation.

Driving under the influence of alcohol can be extremely dangerous for anyone on the road. The negative impacts of drunk driving are numerous, including impaired judgment, slowed reaction times, and of course, car accidents. This article dives into some of the drunk driving statistics both in Virginia and in the US, as well as some of the effects of drunk driving and how they can be prevented.

Demographic Overview of Drunk Drivers

According to the National Highway Traffic Safety Administration (NHTSA), as of 2018 the 21 to 24-year-old age group has the highest number of drunk driving deaths in the US, followed by 25 to 34-year-olds, and drivers aged 15-20. In addition, male drunk driving fatalities comprise 80.4% of total drunk driver fatalities.

“Unfortunately, many young drivers feel invincible when first starting out behind the wheel, and this can lead to very poor decisions.” said Attorney Matthew Wilson of Matthew Wilson Attorney at Law. “It is important for young drivers to be educated on the real dangers of drunk driving in a way that helps them to understand the dangers both to themselves and others.”

Overall, the groups that are most at risk for drunk driving are the younger age groups (as previously mentioned), motorcyclists, and drivers that have previous DUI convictions on their records. According to the state DMV 2018 crash statistics in Virginia, over two-thirds of DUI convictions were found to be male, and the majority of drunk drivers were between the ages of 21 and 40.

Drunk Driving Laws and Their Effects

Across the US, federal traffic laws are in place to prevent drunk driving. The federal level of Blood Alcohol Concentration (BAC) considered to make a driver legally impaired is 0.08 or higher. Any defendant in the US guilty of this can have a federal DUI offense, which is a Class B Misdemeanor. A DUI conviction can involve penalties such as up to 6 months of jail time, up to 5 years of federal probation, a fine of up to $5,000, or mandatory alcohol safety education courses.

DUI penalties can be even more severe for members of the armed services and can vary by state. In Virginia, a law was passed in 2012 that mandates any first-time DUI offender must have installed a Certified Ignition Interlock Device (CIID) in their vehicle before they are permitted to drive again. This is mandatory for at least 6 months without any alcohol violations. With a first time DUI, the person will lose their license for a year; with a second offense, there will be a 3-year driver’s license suspension, and with a third conviction, 20 days in jail if the offense is within 5 years.

In 2020, the DUI penalties became even more severe in Virginia. As an effect of the new law HB1941, the offense of drunk driving that causes impairment to another person will increase from a class 6 felony to a class 4 felony, which means 2-10 years of jail time. The law also makes drunk driving a class 6 felony if it causes serious harm to the person but is not permanently disabling.

Drunk driving is a serious issue that comes with significant repercussions, but can be easily prevented. Younger drivers should be educated on the harmful effects it can have on one’s life before it is too late. An impaired driver has many options that do not include driving themselves, including using popular rideshares like Uber or Lyft, spending the night at a safe place nearby, or creating a clear plan with a designated driver before deciding to drink. Drunk driving is never the right choice.