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.
With a nod to Arbor Day, Citizen seeks photos, descriptions of significant Henrico trees
Citizen Staff Reports 04/28/2015
Do you have a favorite tree in Henrico?
Do you know of a tree with an interesting story?
Do you live near an especially large, old, or otherwise unusual tree – or do you pass by one that has always intrigued you?
Arbor Day 2015 (April 24) was last week, and though the Citizen has published stories about a few special trees over the years (see sidebar) we know that our readers can lead us to more. > Read more.
Henrico's most famous tree, known as the Surrender Tree, still stood for more than a century near the intersection of Osborne Turnpike and New Market Road -- until June 2012.
It was in the shade of that tree on April 3, 1865, that Richmond mayor Joseph Mayo met Major Atherton Stevens and troops from the 4th Massachusetts Cavalry and handed over a note surrendering the city to Federal troops. Evacuation had already begun. > Read more.
The Greater Richmond ARC's annual Ladybug Wine Tasting and Silent Auction on April 11 netted $75,165 to benefit its Infant and Child Development Services (ICDS) program.
About 350 guests sampled fine West Coast wines and craft beer from Midnight Brewery at Richmond Raceway Complex's Torque Club, along with food from local eateries. Carytown Cupcakes provided dessert. > Read more.
A Henrico High School student was one of eight students from Virginia selected as a 2015 student playwright as part of the School of the Performing Arts in the Richmond Community's 26th annual New Voices for the Theater Festival of New Works, which will be held July 10-11 at VCU.
Elaina Riddell of the Center for the Arts at Henrico HS will join the other students and bring her original one-act play to life on stage at the event. In total, 150 plays were submitted to SPARC. Riddell and the other winners will work closely with New York City-based professional playwright Bruce Ward for the event. > Read more.
In the mood for some spring shopping? Eastern Henrico FISH will hold their semi-annual yard sale this weekend – funds raised assist at-risk families in Eastern Henrico County. Lewis Ginter Botanical Garden will hold a spring plant sale which is among the largest in the region with more than 40 vendors selling plants ranging from well-known favorites to rare exotics. Put on your detective hat and find out “whodunnit” at the movie “Sherlock Holmes: A Game of Shadows” and “The Case of the Dead Flamingo Dancer,” presented by the Henrico Theatre Company May 1-17. For all our top picks this weekend, click here! > Read more.
It’s that time of year – charity races are popping up everywhere! On Saturday, St. Joseph’s Villa will be the site of the sixth annual CASA Superhero Run and the fifth annual Richmond Free to Breathe Run/Walk will be held in Innsbrook. Also in Innsbrook, the 2015 Richmond Take Steps for Crohn’s and Colitis will take place on Sunday. If you’re more into relaxation than exercise, check out Wine for Cure’s Dogwood Wine Festival or the Troubadours Community Theatre Group’s production of “West Side Story” at the Henrico Theatre. For all our top picks this weekend, click here! > Read more.
- More News
Apr. 16, 2015Click here to read the print edition.
- More Entertainment
- More Obituaries
- More Community
- More Opinions
- More Sports
ClassifiedsDONATE YOUR CAR, TRUCK OR BOAT TO HERITAGE FOR THE BLIND. Free 3 Day Vacation, Tax Deductible, Free Towing, All Paperwork Taken Care Of. 888-617-1682
CalendarThe Alzheimer’s Association Greater Richmond Chapter will offer the program “Communication: Are You Listening?” from 6 p.m. to 7:30 p.m. at St. Mary’s Hospital, 5801 Bremo Rd., Room 163. Advance… Full text