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A crackdown on underage drinking and driving

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.
Community

Author, child abuse survivor to speak at Henrico event

To help celebrate twenty years of service to advocating for abused and neglected children in Henrico County, Henrico Court Appointed Special Advocates, Inc. (CASA) will host an evening with bestselling author K.L. Randis on Tuesday, Aug. 26, from 5:30 p.m. to 7:30 p.m. at Belmont Recreation Center in Lakeside.

Randis is best known for her bestselling novel, Spilled Milk, which tells her painful – but ultimately triumphant – personal story of abuse and of child abuse prevention. The book is her first novel.

The event is free to the public, but seating is limited Reservations may be made by e-mailing .(JavaScript must be enabled to view this email address). Belmon Recreation Center is located at 1600 Hilliard Road. > Read more.

Philippines ambassador to the US visits Filipino Festival in Henrico


The Ambassador of the Philippines to the United States Jose L. Cuisia, Jr. attended the Ninth Annual Filipino Festival at Our Lady of Lourdes Church earlier this month. Cuisia (pictured above with festival performers) was welcomed by County Manager John Vithoulkas and Brookland District Supervisor Dick Glover (below) at the church, which is located in Lakeside.

While enjoying some of the cultural performances at the festival, the ambassador and his wife had a private lunch with Vithoulkas, Glover, Eldon Burton (an outreach representative from U.S. Senator Mark R. Warner’s Office) and Father James Begley, the pastor of OLL. > Read more.

Dragon boats invade the James

Hundreds of spectators filled the banks of the James River to watch two dozen teams of competitors in the Walgreen’s Richmond International Dragon Boat Festival at Rocketts Landing Aug. 2. The event included a number of races, as well as several cultural performances. The sport is billed as the fastest growing water sport in the world.(Photo by Roger Walk for the Henrico Citizen) > Read more.

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Entertainment

Weekend Top 10


For our Top 10 calendar events this weekend, click here! > Read more.

‘Planes’ sequel crashes

‘Fire and Rescue’ proves too predictable, boring

Planes: Fire and Rescue opens with a dedication to the hero firefighters of the world. It’s an admirable notion, and it makes sense, given that this is a film about planes that fight fires.

But here it might be a little out of place, as Planes: Fire and Rescue has a few things on its mind besides supporting the men and women who routinely throw themselves into burning buildings.

Like money. Lots and lots of money – into the 11-figures-and-counting range. In case you weren’t aware, 2006’s Cars was the biggest moneymaker Disney had in decades – not because of how much green the film printed at the box office, but because a combination of toys, games and snack foods stamped with the Cars seal of approval routinely pulls in tens of billions of dollars per year. > Read more.

Weekend Top 10


This weekend in Henrico, you can learn about fall herbs or mad science. Enjoy some laughs from West End Comedy or Three-Penny Theatre’s production of “The Rivah Home Companion.” For music lovers, Jennifer Nettles is in concert tonight and the fifth annual GWAR-B-Q takes place tomorrow at Hadad’s Lake. For all our top picks this weekend, click here! > Read more.

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Lavender Fields Herb Farm, 11300 Winfrey Rd. in Glen Allen, will present a “Growing Herbs & Fall Vegetables” class from 10:30 a.m. to 11:30 a.m. The class will discuss planning… Full text

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