Abusive driver law hits bicyclist for $1050.

By: ericy
Published On: 1/11/2008 6:00:00 PM

This is just so bizarre that I don't know where to begin.

Newport News - Kajuan Cornish, 19, ran afoul of the General Assembly's controversial abusive driver fees Thursday, when he was convicted of reckless driving in Newport News traffic court.

The conviction for crossing over Warwick Boulevard during afternoon rush hour triggered more than $1,050 in fees under a program designed to raise money to pay for highway maintenance.

Cornish got the ticket while steering his 18-speed Huffy bicycle back to work.

Bicycles are allowed to ride in the streets (I do it all the time), but you have to obey all of the traffic laws, just like any other vehicle.  Evidently his mistake was that he crossed a busy street, and didn't wait for a break in the traffic.  His error was that he did it in front of a police car such that the police car had to hit the brakes.

To be honest I see this sort of thing all the time - some cyclists will dash across a busy street even though they don't have the light.  It gives the rest of us who ride a bad name, but there isn't much we can do about it.

BTW - this kid doesn't even have a drivers license, so it is unclear exactly how the state could even force the kid to pay up.
Even Albo was surprised:

The abuser fees program was the brainchild of Del. Dave Albo, R-Fairfax, who works as a traffic attorney outside the legislature. Albo was shocked when he heard about the conviction.

"I've been doing this for 20 years, and I've never heard of anybody getting a reckless on a bicycle," Albo said.

Albo pointed out that state law allowed a bicycle to be considered a "vehicle" only on highways.

The abuser fee section explicitly states, he said, that the fees can be collected only from drivers of "motor vehicles."

So perhaps if Cornish gets a good lawyer he can get the fee dismissed.


Comments



Ridiculous (Sui Juris - 1/11/2008 8:28:19 PM)
I sure do wish we could get more details about what actually happened.  In any event, as I've said elsewhere, even if he was riding like an idiot, I'm sure it wasn't $1k worth of idiocy.

But if you want to see real idiocy, go check out the discussion thread at WTOP.com on this.  Jeez.



Keeping our streets safe from all manner of threats! (Kindler - 1/13/2008 1:09:30 PM)
Hopefully next they can take on those terrifying abusive tricycle riders!


Hehe... (ericy - 1/13/2008 1:54:16 PM)
You do have to differentiate between children's tricycles and adult tricycles however.

My dream vehicle is one of these:

This is essentially an adult tricycle with a lightweight aero frame.  Some models are fully enclosed to keep you dry when it rains, and would include things like headlights, a windshield wiper and all that.



Awesome (Eric - 1/13/2008 2:07:38 PM)
Looks cool, however... at $13K they've got to be kidding.  

People will certainly pay that much for transportation - but not for transport where the person provides all the power.  

Let us know when you get one.  I'd love to check it out!



There are much less expensive versions... (ericy - 1/13/2008 3:22:28 PM)

There are other models, and the prices are all over the place.  The basic adult tricycle can run about 2-3K$ without any aero frame.  Bikes@Vienna has them if you are ever in the area and you want to see what they look like up close (but no aero frame AFAIK).

There are other models that are close to 5-7K$ for a full trike with the aero, and they look pretty cool too.

There is an outfit in Ohio I think that has a much less cool looking frame that was made out of hand-sewn fabric over a lightweight frame, but I can't find the link right now.

I have never ridden one of these things, but I am told that they can go quite fast.  The aero frame makes a big difference.



I can't tell if Albo is lying or dumb (cvllelaw - 1/13/2008 3:07:47 PM)
Any traffic lawyer worth the money that Albo charges for traffic cases knows that under Virginia law, a "highway" includes not only every road for public travel -- whether a "highway," a "road", a "street" or an "alley" -- but also any place where the public may travel to get to some other place.  So, for example, a parking lot that is between two roads, so that one could travel from one road to the other through the parking lot, qualifies as a "highway" under Virginia caselaw.

The problem is that the Virginia courts have adopted definitions that defy common sense -- that no one can be expected to know and understand.  How can you obey the law if you can't understand what it prohibits?

If Albo wanted, he could submit a bill that would clarify that point...



How Old (Gordie - 1/14/2008 9:20:17 AM)
is this story? A week or more?

Has anyone researched if this person had a drivers license and lost it for reckless driving?

Although I feel even if he had a drivers license and lost it, does that count towards a bicyle? It shouldn't.

At this rate, people on roller blades, the skate shoes, and even lawn mowers can be looking at those large fines when they go on highways.

How about joggers? Are they next.



If you follow the link... (ericy - 1/14/2008 9:56:52 AM)
It was in the Newport News paper on Jan 11th, and they said that he got hit with the fees last Thursday.  It apparently hit the AP wire, as it was in the Metro section of the post yesterday.

Funny you should mention lawnmower though - this story is from last August:

A Waynesboro, Virginia handyman could declared a "dangerous driver" for the crime of riding a lawnmower after drinking a few beers. Glenn Bowers, 46, was arrested Wednesday while riding home with his dog after completing a lawn cutting job. Police stopped the Craftsman lawnmower, which has a top speed of 6 MPH, on Waynesboro Street. They subjected Bowers to sobriety tests with a breathalyzer machine ultimately claiming Bowers scored a .24 blood alcohol content (BAC) reading. If found guilty, Bowers would pay a mandatory minimum of $2750 in fines and spend 20 days in jail.

"I think it's a bunch of [expletive], if you want my opinion," he told the News Virginian newspaper.

On May 7, 2003, Bowers was accused and subsequently convicted of lawnmower DUI. The Waynesboro General District Court sentenced Bowers to 30 days in jail and fined him $551. His driver's license was not suspended, because Bowers does not have one.