A crackdown on underage drinking and driving
By Katherine Coates, Capital News Service 03/21/11
One teenager is sitting on the front porch about to drink a can of beer. Another is driving down I-95 with a blood alcohol content above the legal limit.
If caught, which teenager would receive a harsher punishment? The one on the porch, according to current state law.
Members of the General Assembly recently voted to correct that disparity and increase the penalties for underage drinking and driving.
In Virginia, possession of alcohol by someone under 21 is a Class 1 misdemeanor – a crime punishable by up to 12 months in jail and a $2,500 fine.
The section of the Virginia Code dealing with underage drinking and driving makes no mention of a misdemeanor. It simply states:
“It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol … A violation of this section shall be punishable by forfeiture of such person’s license to operate a motor vehicle for a period of six months from the date of conviction and by a fine of not more than $500.”
During the General Assembly’s recently concluded session, lawmakers passed legislation that will make underage drinking and driving a Class 1 misdemeanor.
The assembly passed two identical bills on the subject: Senate Bill 770, proposed by Sen. David Marsden, D-Burke; and House Bill 1407, sponsored by Delegate Bill Janis, R-Glen Allen.
Both bills won unanimous approval in the House and Senate and have been sent to Gov. Bob McDonnell to be signed into law.
The measures offer “zero tolerance” for underage drinking and driving: They would punish any driver under 21 who has a blood alcohol content of 0.02 or higher. (A BAC of 0.08 is considered legally intoxicated.)
Under the legislation, young people convicted of underage drinking and driving must forfeit their license to operate a motor vehicle for one year and either pay a mandatory minimum fine of $500 or perform 50 hours of community service.
Marsden said opponents of underage drinking have been trying to pass such a measure for years. But he said there were concerns that it might violate the federal Juvenile Justice and Delinquency Prevention Act. (Under that law, states could lose certain federal funding if they arbitrarily criminalize “status offenses” – offenses based on a person being underage. The goal of the act is to minimize the number of young people sent to jail for nonviolent crimes.)
However, Marsden said federal officials assured him that this wouldn’t be a problem and that Virginia wouldn’t lose any funding if it cracks down on underage drinking and driving.
After he shared this information with his colleagues, Marsden said, the passage of SB 770 “went very smoothly.”
Alcohol awareness groups like Mothers Against Drunk Driving view SB 770 and HB 1407 as a positive step.
Christopher Konschak, the program manager for the Virginia branch of MADD, said he hopes the new law will change some of the decisions teenagers make.
“We want young folk to look hard at what they are doing,” Konschak said. “We don’t want them in jail.”
According to MADD statistics, 28 percent of fatal traffic crashes involving teen drivers are alcohol-related.
Kurt Gregory Erickson, president of the Virginia-based nonprofit Washington Regional Alcohol Program, also praised the legislation.
“Virginia lawmakers’ reaffirmation to crack down on drinking and driving teens is not only welcomed but needed,” Erickson said. He cited government statistics showing that more than one in 10 drunken drivers killed in Virginia in 2009 were under 21.
“What this law will mean come July 1 is that teens driving in Virginia with virtually any amount of alcohol in their systems will lose their license for a year and be guilty of a Class 1 misdemeanor,” Erickson said.
To track or comment on the legislation against underage drinking and driving, visit: http://www.richmondsunlight.com/bill/2011/sb770 or http://www.richmondsunlight.com/bill/2011/hb1407.
By Holly Speck and Hannah Matheson, Capital News Service 02/24/2017 General AssemblyGeneral Assembly 2017
Senior students at Glen Allen High School will get a personal touch when studying elections with their AP government teacher.
That teacher, Schuyler VanValkenburg, recently announced his intention to seek the Democratic nomination for the 72nd District seat in the House of Delegates. If he earns the nomination, he will run against Del. Jimmie Massie, R-Henrico, who has been unopposed for 10 years.
VanValkenburg, a 2004 University of Richmond alumnus who majored in history, is running for office for the first time. Although he has lived in Richmond since he began his undergraduate studies, aside from one year spent in Seattle, he said he never felt it was his time to run. > Read more.
School and business leaders from around the region, including (pictured, from left) Simon Hodges of Dominion Resources, Daphne Swanso(president of Junior Achievement of Central Virginia) and Henrico County Manager John Vithoulkas, gathered at Libbie Mill Library Feb. 23 for the Junior Achievement Finance Park construction kickoff. > Read more.
Finishing a day early, House and Senate negotiators agreed on a budget Wednesday that includes employee pay raises and more money for K-12 education and mental health.
The negotiators presented their budget to their fellow lawmakers in time for the required 48-hour review, which could be completed by Friday night with a chance to adjourn their 2017 session before Saturday’s target date.
Republican leaders in the House and Senate praised the spending plan’s conservative fiscal policies. > Read more.
A section of Charles City Road, from Lewis Road to South Airport Drive, will be closed beginning Sunday, Feb. 26 as part of a project to widen and improve the road.
The Henrico County Department of Public Works expects the closure to last for a few weeks.
Westbound traffic on Charles City will be detoured around the work zone by way of South Airport, Seven Hills Boulevard and Laburnum Avenue. > Read more.
By Rodrigo Arriaza and Maura Mazurowski, Capital News Service 02/24/2017 General AssemblyGeneral Assembly 2017
Officials with the American Civil Liberties Union called on Gov. Terry McAuliffe on Wednesday to veto Republican-backed legislation banning local governments in Virginia from designating themselves as sanctuaries for undocumented immigrants. They also said they plan to fight federal and state policies that they believe violate immigrants’ rights.
At a news conference, representatives of the ACLU of Virginia and other civil rights organizations criticized anti-immigrant measures passed by the General Assembly. They also condemned the recent spike in deportation raids on immigrant communities in Virginia by federal Immigration and Customs Enforcement, as well as President Donald Trump’s recent executive order banning immigrants from seven mostly Muslim countries. > Read more.
St. Joseph's Villa’s Flagler Housing & Homeless Services was one of three entities to earn the National Alliance to End Homelessness' Champion of Change Award. The awards were presented Nov. 17 during a ceremony at the Newseum in Washington, D.C.
NAEH annually recognizes proven programs and significant achievements in ending child and family homelessness.
Flagler completed its transition from an on-campus shelter to the community-based model of rapid rehousing in 2013, and it was one of the nation's first rapid re-housing service providers to be certified by NAEH. > Read more.
Richmond International Raceway's 13th annual Community Christmas tree lighting has been rescheduled from Dec. 6 to Monday, Dec. 12, at 6:30 p.m., due to inclement weather expected on the original date.
Entertainment Dec. 12 will be provided by the Laburnum Elementary School choir and the Henrico High School Mighty Marching Warriors band. Tree decorations crafted by students from Laburnum Elementary School and L. Douglas Wilder Middle School will be on display. Hot chocolate and cookies will be supplied by the Henrico High School football boosters. > Read more.
Given the warm weather lately, Saturday’s RVA Polar Plunge Winter Fest, benefiting Special Olympics Virginia, might actually be enjoyable! Other weekend events you’re sure to enjoy include the 14th annual Richmond Kids Expo at the Richmond Raceway Complex, the Richmond Symphony and The Taters in concert at The Cultural Arts Center at Glen Allen, and the Richmond Ballet Minds in Motion Team XXL performing at the Henrico Theatre. This is also the last weekend to check out HATTheatre’s production of “Bill W. and Dr. Bob.” For all our top picks this weekend, click here! > Read more.
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CalendarThe film “The Huntsman: Winter’s War” (rated PG-13) will play at 7 p.m. Feb. 3 and at 2 p.m. and 7 p.m. Feb. 4 at the Henrico Theatre, 305 E. Nine Mile Rd. Tickets are $1 and can be purchased at the door. For details, call 328-4491. Full text