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Senate bill passes quietly, allowing drunken driving on private property

Leaders in the fight against drunken driving were appalled after a Senate bill flew under the radar and quietly passed with a 37-3 vote, allowing Virginians to lawfully drive while intoxicated on their own property.

Capital News Service

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By Jessica Wetzler

Leaders in the fight against drunken driving were appalled after a Senate bill flew under the radar and quietly passed with a 37-3 vote, allowing Virginians to lawfully drive while intoxicated on their own property.

Sen. Richard Stuart, R-King George, originally introduced SB 308 to clarify that the state law against driving under the influence applies only to public roadways and that people can’t be charged for drinking in a vehicle on their property. Existing law simply says you can’t operate a motor vehicle while intoxicated and does not distinguish between public and private property.

During the Senate Courts of Justice Committee meeting on Jan. 31, the Virginia Association of Commonwealth’s Attorneys and advocacy organizations spoke against the bill.

“Is a driver with a .14 BAC (blood alcohol content) operating a motor vehicle across Kings Dominion’s parking lot any less of a threat than if he or she were similarly doing so on a neighboring roadway?” asked Kurt Erickson, president and CEO of the nonprofit Washington Regional Alcohol Program.

SB 308 was then essentially killed, or passed by indefinitely, on a 7-5 vote.

Although thought to be dead, the legislation was abruptly brought up for reconsideration by Sen. Mark Peake, R-Lynchburg, halfway through a committee meeting on Monday. Peake had voted to kill the bill at the previous meeting.

After speaking with members of the committee and Waynesboro Commonwealth’s Attorney David Ledbetter, Stuart said he wanted to change the language of the bill.

“The bill had to do with a DUI on your private property or current property. And by trying to define where you could actually be charged with it, I think my bill went a little too broad,” Stuart said.

By narrowly defining the bill to exempt getting charged with DWI at home or other private property, it would eliminate cases of those found drinking in a parked car in their driveway, Stuart said.

Ledbetter said he made the suggestion to Stuart about changing the language, but remained unsure it would be successful.

“I’m afraid we are going to exempt someone that we should not,” Ledbetter said.

The legislation was approved 14-1 by the committee, with only Sen. Creigh Deeds, D-Bath, voting against it. The legislation had been changed to add: “This section shall not apply to any person driving or operating a motor vehicle on his own residential property or the curtilage thereof,” essentially allowing people to lawfully drive drunk on their own property.

“Inasmuch, the bill throws Virginia down the slippery slope of bifurcating the state’s DUI laws, effectively communicating that it’s OK to drive drunk here but not there – a dangerous precedent,” Erickson said. “The Virginia Association of Commonwealth’s Attorneys and Washington Regional Alcohol Program remain opposed to this legislation.”

The bill flew through its second and third reading and passed the Senate three days after it was resurrected.

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The Capital News Service is a flagship program of VCU’s Richard T. Robertson School of Media and Culture. In the program, journalism students cover news in Richmond and across Virginia and distribute their stories, photos, and other content to more than 100 newspapers, television and radio stations, and news websites.

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Downtown

PHOTOS: Protests continue for third day around Richmond, tear gas deployed as marchers ignore 8PM curfew

Hundreds of protesters rallied at sites around town Sunday as the third day of protests in response to the death of George Floyd took place in Richmond.

RVAHub Staff

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Hundreds of protesters rallied at sites around town Sunday as the third day of protests in response to the death of George Floyd took place in Richmond. Protesters gathered at peaceful rallies on Brown’s Island and at the 17th Street Farmers Market downtown on Sunday morning.

Later in the day, another group formed at the Lee and Jackson monuments on Monument Avenue in the Fan. As dusk approached, the group made their way east on Franklin Street, turning onto W. Grace Street and then Broad Street near City Hall and Children’s Hospital at VCU.

An 8:00 PM curfew put in place by Mayor Levar Stoney did not deter most protesters, who continued marching and chanting until Richmond Police deployed tear gas and pepper spray into the crowd. Slowly, over the course of an hour, protesters dispersed.

Many businesses along W. Broad Street from Arthur Ashe Boulevard to the Arts District, already left cleaning up broken glass and graffiti Sunday morning from Saturday night’s protests, were left on edge, though there were far fewer reports of property damage Sunday.  Many of the businesses affected were small or minority-owned. By Sunday, many showed their support for the protests, spray painting “Black Lives Matter” or “Small/Minority-Owned” on their window coverings to both show solidarity and deter further damage.

Photographer Dave Parrish caught much of the Fan/Downtown protest Sunday afternoon and files these photos.

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Downtown

Must-See RVA! — John Marshall Courts Building

A look into the history of Richmond places that are still part of our landscape.

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May 2020
  • 800 East Marshall Street
  • Built, 1978
  • Renovated, 1994
  • Architects, C. F. Murphy & Associates; Helmut Jahn, project architect (1978). Hening-Vest-Covey (1994)

Straight out of Alphaville.

[ADR] — building in 1981 downtown survey

[ADR] — building in 1981 downtown survey

Designed by a nationally known Chicago-based architectural firm, the John Marshall Courts Building was intended to provide a neutral background to the John Marshall House. In this it succeeds. it is a slickly detailed glass box with rounded edges. The building is the best example of the “glass box” genre in Richmond.

(Montage) — Ludwig Mies van der Rohe, undated

(Montage) — Ludwig Mies van der Rohe, undated

C. F. Murphy & Associates are among the more skillful followers of Mies van der Rohe, who was the most influential architect of the 20th century. Their Richmond building has been controversial on both functional and aesthetic grounds. [ADR]

Designed to respect the Marshall House next door, the sleek, black glass box of the John Marshall Courts Building sets off the house, emphasizing its iconic, welcoming facade. This is perhaps its only success, because the court building has been plagued with criticism for its dysfunction. Recent alterations have attempted to correct traffic and security issues. (SAH Archipedia)

May 2020

May 2020

When your lead architect likes to wear capes as normal outerwear, and his detractors call him “Flash Gordon”, there’s a chance you might not get what you were expecting. Before you know it, you might be throwing around emotional terms like controversial and dysfunction and find yourself spending money to correct gaps in the original design.

(The Architect’s Newspaper) — McCormick Place, 1969-1971

(The Architect’s Newspaper) — McCormick Place, 1969-1971

After graduating from the Technische Hochschule in Munich in 1965, (Helmut) Jahn moved to Chicago to study at the Illinois Institute of Technology, a school long associated with the Modernist aesthetic of Ludwig Mies van der Rohe and his followers. On the basis of this solid design background, Jahn was hired by Chicago architectural firm C.F. Murphy Associates to work on the Miesian design for McCormick Place in Chicago.

(YouTube) — screencap from Helmut Jahn, FAIA Lifetime Achievement Award

(YouTube) — screencap from Helmut Jahn, FAIA Lifetime Achievement Award

In the late 1970s and ’80s Jahn made his mark, designing extravagant buildings that combined historical and contextual references—the central tenets of postmodern architecture—with high-tech engineering solutions. (Encyclopedia Britannica)

May 2020

May 2020

Jahn certainly has his admirers and adherents. He has completed over 90 building projects during his long career and has been widely recognized for his efforts, earning a Ten Most Influential Living American Architects award from the American Institute of Architects in 1991.

(Newspapers.com) — Helmut Jahn’s MetroWest building in Naperville, Illinois —Chicago Tribune Sunday, March 2, 1986

(Newspapers.com) — Helmut Jahn’s MetroWest building in Naperville, Illinois —Chicago Tribune Sunday, March 2, 1986

However, in the early days, his critics considered him “that postmodern enfant terrible who rocketed to stardom on the supercharged fireworks of the State of Illinois Building in 1985.” (Architecture Week)

A 1986 Chicago Tribune article about his MetroWest design in Naperville, Illinois called him a “flamboyant postmodernist, who adorns himself in capes and Porches.” It went on to observe that the building produced nausea in a nearby office worker, and concluded with relief that “at least nobody has dubbed it the Starship Naperville.” [CHIT]

May 2020

May 2020

With context like that, perhaps it’s not surprising that issues were found with the courts building. Not everyone digs the glass box thing, that’s easy to grok, but the functional issues are something else. The building opened in 1978 and just four short years Robert Winthrop was calling it controversial, so whatever problems existed must have quickly found a voice.

May 2020

May 2020

The precise nature of the complaints is obscure, but the building does not appear to respect the available space. Together with the John Marshall House, the courts building complex consumes the entire block, yet there is a large, empty plaza along Ninth Street.

May 2020

May 2020

It certainly looks nice, but by 1994 the City would find itself coughing up $2 million dollars for a renovation to create additional office space and another courtroom. [RTD1] At such cost, there probably weren’t a lot of plaza enthusiasts still hanging around.

(Rocket Werks RVA Postcards) — John Marshall High School

(Rocket Werks RVA Postcards) — John Marshall High School

Adding to the sense of injury, the new courts building came at the price of the beautiful old John Marshall High School. It too sat quietly behind the John Marshall House at the corner of 9th and Marshall and was considered a state-of-the-art facility when it opened in 1909, with large classrooms, elevators, and science labs, as well as modern plumbing, heating, and ventilation. [RTD2]

Alas, this sacrificial lamb was razed, and the school had to scoot to a new location in North Side.

(John Marshall Courts Building is part of the Atlas RVA! Project)


Note

  • A shout-out to Ray Bonis & Harry Kollatz for their tips and input on the courts building!

Print Sources

  • [ADR] Architecture in Downtown Richmond. Robert P. Winthrop. 1982.
  • [CHIT] Chicago Tribune. Sunday, March 2, 1986.
  • [RTD1] Richmond Times-Dispatch. December 8, 1994.
  • [RTD2] Richmond Times-Dispatch. August 16, 1909.

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Crime

Protests turn violent in Downtown Richmond Friday night

Hundreds took to the street to protest the killing of George Floyd, a black man, by a white police officer in Minneapolis. A police cruiser and Pulse bus were torched, and several shots rang out into the air overnight.

RVAHub Staff

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Hundreds of people protesting the death of George Floyd, a black man who was killed earlier this week by a white police officer in Minneapolis, Minnesota, took to the streets of Downtown Richmond last night to make their voices heard.

While the protests started off peacefully, things quickly took a turn. Around 10:45 PM Friday, a Facebook Live stream showed WWBT/NBC12 reporter Karina Bolster, who was reporting from the scene, struck in the head by a protester chanting “stop recording” using a water bottle. Her phone was also tossed to the street. Bolster, clearly shaken, did not stop recording and continued reporting through tears as she came to terms with what just happened.

As the night progressed, protesters set a dumpster on fire and later marched to Richmond Police headquarters at 200 W. Grace Street and surrounded the building. Richmond officers were joined by State Police and backup requested from surrounding localities to protect the building and officers inside. Nearby, a police cruiser was torched.

Into the early morning hours of Saturday, a GRTC Pulse bus was also set ablaze, the shell of which remained near the corner of W. Broad Street and Belvidere Street as dawn broke.

Several arrests were made overnight, but Richmond Police has yet to confirm a number.

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