Frontiers of Freedom launches a major effort to stop over-criminalization — Stop Convicting Soccer Moms. Virginia criminalizes driving only 11 mph over the speed limit on Virginia’s freeways. This makes criminals of otherwise law-abiding citizens.
George Landrith, the president of Frontiers of Freedom made the following announcement about its new, major effort — Stop Convicting Soccer Moms:
Over criminalization is a growing problem. Government at every level continues to grow larger and larger and continues to look for new things to regulate, mandate and punish. One example of this crazy over criminalization trend is in Virginia, driving in excess of 80 mph on a freeway with a 70 mph speed limit can make you a criminal and subject you to a year in jail and a criminal fine of $2,500.
Driving on an open freeway, the flow of traffic is typically somewhere between 78 and 85 miles per hour. Let that sink in — driving with the flow of traffic on a freeway can make you a criminal and you can spend up to a year in jail and receive heavy criminal fines of up to $2,500, plus thousands in legal fees. Making criminals of soccer moms for driving a little too fast is an abuse of power. Traffic fines are to be expected, but jail time and criminal fines should be out of bounds for something that virtually everyone does.
Such a law is compelling evidence of a government that no longer serves the public interest, but is instead looking to pad government coffers and advantage trial lawyers. The government should be serving and protecting law-abiding citizens — not finding new and corrupt ways to convict soccer moms of absurd so-called criminal offenses.
Frontiers of Freedom wrote on the injustice of surprising motorists with criminal charges for what most people would think is only a modest speaking ticket and within a few weeks Virginia started posting signs warning of the criminal penalties. While we are glad to get the attention of Virginia politicians, it is outrageous to criminalize simply exceeding the speed limit as virtually every driver even grandmothers and soccer moms. The law needs to be changed. We don’t need more signs warning us of an unjust and corrupt law.
We are shocked that neither Governor McAuliffe nor the state legislature has done anything to reform or fix this abusive law despite it having been raised during legislative sessions for the last several years. We call upon Governor McAuliffe and each and every Delegate and Senator to make it a top priority in the upcoming legislative session to fix this law and treat speeding as a traffic violation, not a crime.
Criminal reckless driving should not be the way we deal with simple speeding on a wide-open freeway. Reckless driving should involve some willful, wanton and clearly reckless behavior — not merely exceeding the speed limit. Courts have recognized that excessive speed alone is not a sufficient element of reckless driving. (People v. Grogan, 260 NY 138, 144, 183 NE 273, 275) Reckless driving should be determined by the facts and circumstances of the situation. For example, excessive speed in a school zone, or dangerously weaving in and out of traffic on a freeway at an excessive speed, or tailgating at an excessive speed could be reckless driving. But simply driving too fast on a wide-open freeway shouldn’t be treated as a crime. It should be a traffic violation with appropriate non-criminal fines.
There are other states all across the nation that take a similar approach and criminalize ordinary traffic violations. We ask Americans everywhere to help us stand up against over-criminalization and sign our petition at www.Change.org.
Mr. Landrith is available for interviews by calling Frontiers of Freedom at 703-246-0110, ext. 302.
George Landrith, President of Frontiers of Freedom, co-hosting the Conservative Commandoes Radio Show, broadcast from WNJC – 1360 AM in Philadelphia and around the globe on the internet. Landrith and co-host Rick Trader discuss the abusive law in Virginia that imposes criminal penalties for speeding more than 10 miles per hour over the freeway speed limit of 70 MPH. Landrith argues that criminalizing relatively innocent behavior that virtual every American driver has done — driving a few miles over the speed limit — is a prime example of government abuse.
Criminalizing ordinary highway speeding and jailing drivers for going 11 miles per hour over the limit is a grotesque abuse of power.
This summer, millions of Americans have been on road trips through the highways of Virginia. The state’s top speed limit is clearly posted at 70 miles per hour. However, what few drivers know is that driving at a speed greater than 80 miles per hour — a mere 11 miles per hour over the top speed limit — is criminal reckless driving under Virginia law. Driving on an open freeway, the flow of traffic is typically somewhere between 78 and 85 miles per hour. And yet, in Virginia (and many other states) going with the flow of traffic on an open freeway can subject you to insanely harsh criminal punishment. In Virginia, that means up to one year in jail and heavy criminal fines of up to $2,500, plus thousands in related legal fees. All across the nation, similar abuses in traffic laws exist.
Any honest driver will admit, at least to themselves, that at varying points in long freeway drives, they have driven more than 10 miles per hour over the speed limit — just driving with the natural flow of traffic or by accident. How would you feel about being stopped for driving more than 10 miles per hour over the limit while on a family vacation and not getting a ticket, but instead being hauled off to jail? Does that sound like a reasonable exercise of government power? If we keep criminalizing ordinary and small infractions that virtually every American does, soon every American can spend time in jail. This is an absurd policy. Yet, that’s the direction things are going. Continue reading