Showing posts with label fairfax county general district court. Show all posts
Showing posts with label fairfax county general district court. Show all posts

Thursday, 8 November 2012

Traffic court notes

We attended the court session in Vienna on Monday, November 5 to hear the case against a motorist, John Thorpe,  who was alleged to have intentionally struck a cyclist. That case was once again postponed until January 7 because the cyclist was not present. Mr. Thorpe and three witnesses were there and they agreed to return.

Before that case was heard there were many, many cases involving motorist infractions. Only the most blatant offenders ever get to traffic court. Police don't write speeding tickets unless motorists are going 10mph or more over the limit. For a DUI your blood alcohol level must be 0.08% or greater. For a 160 lb adult, that level is equivalent to drinking between 5-6 beers in 2 hours.

It was a little depressing to see so many motorists treated very lightly for speeding and being convicted of DUI. Several of the speeding tickets were changed to "Failure to pay full time and attention," a Town of Vienna charge which is bacically a slap on the wrist that does not result in points on one's drivers license.

One motorist was charged with speeding. He had +1 points on his license and the judge said he had a "good record" and he changed the charges to "Failure to pay full time and attention". According to VA DMV, "For every full calendar year that you hold a valid Virginia license and have no violations or suspensions, you get one safe driving point. You can earn up to five of them and use them to offset your demerit points." In my opinion, an adult with only +1 points does not have a good driving record.

In most of the DUI cases the Town Attorney recommended a fine of $2,500, 180 days in jail, and 1 year revocation of the driver's license. In all of those cases the fine was reduced, usually to less than $1,000. Jail time was reduced to 5 days or less. In one case the fine was reduced to $500, and there was no jail time. No one was given the recommended punishment. So much for being tough on drunk drivers. From the DMV:
Virginia is tough on drunk drivers, and with good reason. One out of every 10 Americans will be involved in an alcohol-related crash during their lives. Alcohol-related injuries occur about every two minutes, and fatalities occur every 32 minutes, on average. That is why it's important to know the facts about driving under the influence of alcohol or drugs, and to avoid this behavior entirely.

If you've never had a DUI, you might not realize that it's not a traffic violation―it's a criminal offense. You'll be handcuffed, carted off to the police station, and required to go to court.
These motorists are the real scofflaws. They endanger lives and are the worst of the worst and yet they are treated very lightly. As a society we've become insensitive to the damage being done by these drunk and aggressive drivers. It's sad to see the court treat them so lightly.

Sunday, 4 November 2012

Court case for motorist who intentionally struck cyclist is Monday

The court case involving the motorist who is alleged to have intentionally struck a cyclist who was riding on Maple Ave. in Vienna is scheduled for Monday at 9:30am at the Vienna courthouse. The courthouse is located in Vienna Town Council chambers. See our earlier blog entry about the case that included this exerpt from the Vienna Patch article Driver Arrested After Dispute with Cyclist
Vienna Police have arrested a man for allegedly intentionally striking a cyclist with his vehicle after a dispute on Maple Avenue while both were in motion.

John Arthur Thorpe, 52, of Bristow, was arrested Aug. 18 for assault and aggressive driving and taken to the Fairfax County Adult Detention Center, said Officer Gary Lose, VPD spokesperson. He was released on recognizance, according to the General District court online database.
We attended part of the first scheduled hearing on October 15 and it was a learning experience. We learned that even the most blatant traffic offenders are often treated lightly. Those who pleaded guilty were often given relatively light penalties. In at least two cases the judge stated that he was lowering the speed of the offense which would "help you out with the DMV."

Only the worst of the worst offenders every make it to court, and yet it seemed that the judge was treating their offenses very lightly. Police almost never write speeding tickets unless motorists are driving at least 10 mph over the speed limit and yet those motorists were only given a slap on the wrist.

We plan to attend the court hearing on Monday morning and will report back on the outcome.

Update: After a couple of hours of traffic citation cases, the judge called the name of the motorist who struck the cyclist. The motorist, John Thorpe, appeared with his attorney. Unfortunately the cyclist wasn't there. Notice of the hearing was sent to the wrong address and the prosecutor was not able to contact him by phone. Three witnesses were also present. The judge agreed to one more postponement, to Monday, January 7 at 9:30am in Vienna.

Sunday, 14 October 2012

Court hearing on Monday on motorist's assault case - Update - case moved to Nov. 5

In August a  motorist is alleged to have intentionally struck a cyclist on Maple Ave. in Vienna. The court case is scheduled for tomorrow, Monday, Oct. 15, 9:30 a.m. at Fairfax County General District Court, 4110 Chain Bridge Road, Fairfax. From the Vienna Patch article Driver Arrested After Dispute with Cyclist:
Vienna Police have arrested a man for allegedly intentionally striking a cyclist with his vehicle after a dispute on Maple Avenue while both were in motion.

John Arthur Thorpe, 52, of Bristow, was arrested Aug. 18 for assault and aggressive driving and taken to the Fairfax County Adult Detention Center, said Officer Gary Lose, VPD spokesperson. He was released on recognizance, according to the General District court online database.

A court date has been set for 9:30 a.m. Oct 15.

Around 6:30 p.m. Aug. 16, a cyclist believed a vehicle to be traveling too close to his bicycle as both traveled westbound on Maple Avenue near Nutley Street. The cyclist reported he began banging on the vehicle's window to urge the driver to move over.

Witnesses reported it appeared Thorpe intentionally struck the rear tire of the bicycle, causing the cyclist to fall.

Update: The case was delayed until November 5, 9:30 a.m. at the Vienna Courthouse located in Vienna Town Hall, 127 Center St.