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Thread: LCSO Investigating Assault on Washington & Old Dominion Trail

  1. #41
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    Quote Originally Posted by Steve O View Post
    He should also be charged with Hit and Run, which would undoubtedly be the case had he been driving a car.
    It turns out that Hit and Run only applies on roadways and only with automobiles involved in a collision. So, according to the Loudoun County Sheriff's office (to which I send an inquiry), no dice.

  2. #42
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    Quote Originally Posted by Steve O View Post
    It turns out that Hit and Run only applies on roadways and only with automobiles involved in a collision. So, according to the Loudoun County Sheriff's office (to which I send an inquiry), no dice.
    I wonder if that's actually true.

  3. #43
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    Quote Originally Posted by mstone View Post
    I wonder if that's actually true.
    It is mostly true. The law actually states "the driver of any vehicle". But bicycles are not considered vehicles when on multi-use trails. Had this happened where a bicycle would be considered a vehicle (say, a roadway), then the hit and run law may apply. As usual, the law is a little fuzzy when it comes to non-standard vehicles. https://law.lis.virginia.gov/vacode/...ection46.2-894

  4. #44
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    Quote Originally Posted by Sunyata View Post
    It is mostly true. The law actually states "the driver of any vehicle". But bicycles are not considered vehicles when on multi-use trails. Had this happened where a bicycle would be considered a vehicle (say, a roadway), then the hit and run law may apply. As usual, the law is a little fuzzy when it comes to non-standard vehicles. https://law.lis.virginia.gov/vacode/...ection46.2-894
    I question the idea that hit & run only applies on roadways. (So, if a car runs off the road and then hits someone, it can't be hit and run? I think the statute very specifically doesn't say that.) I question the idea that it only applies to automobiles. (I don't see that in the statute, either. There's some language about license & registration that doesn't apply to bikes, but I assume that you can be charged with hit & run even if you're an unlicensed driver of an unregistered car.) It may very well be that the fact that the dual treatment of bikes under the code makes hit & run not apply in this case, that was even my initial thought, but not necessarily for the reasons stated above. (Or it might--precedents hold more weight than guesses.) My curiosity is mostly because police departments have a terrible record for knowing how to apply the law to bikes (to be fair, the officers tend to get zero bike-related training) and I wonder if, regardless of the merits of this case, there are other cases where hit & run would be appropriate but they won't even consider it.

  5. 05-24-2018, 01:43 PM


  6. #45
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    Quote Originally Posted by trailrunner View Post
    I find the other story shown below this one in the link far more intriguing

  7. #46
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    Quote Originally Posted by mstone View Post
    I question the idea that hit & run only applies on roadways. (So, if a car runs off the road and then hits someone, it can't be hit and run? I think the statute very specifically doesn't say that.) I question the idea that it only applies to automobiles. (I don't see that in the statute, either. There's some language about license & registration that doesn't apply to bikes, but I assume that you can be charged with hit & run even if you're an unlicensed driver of an unregistered car.) It may very well be that the fact that the dual treatment of bikes under the code makes hit & run not apply in this case, that was even my initial thought, but not necessarily for the reasons stated above. (Or it might--precedents hold more weight than guesses.) My curiosity is mostly because police departments have a terrible record for knowing how to apply the law to bikes (to be fair, the officers tend to get zero bike-related training) and I wonder if, regardless of the merits of this case, there are other cases where hit & run would be appropriate but they won't even consider it.
    The issue under Virginia law, is not that a hit and run can only occur on a highway, but that bicycles are only vehicles when operated on a highway. See Va. Code Ann. 46.2-100 (defining "vehicle" to exclude devices "moved by human power," but explaining that for purposes of Chapter 8, which includes the prohibition on hit and runs, a bicycle, among other things, is a vehicle "while operated on the highway"). Section 46.2-100 further defines "highway" as "the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys." See id. Since the multi-use pathways aren't open to the use of the public for vehicular travel, it's unlikely they'd be considered highways... As an aside, the actual charging decisions will be made by the Commonwealth's Attorney, not the Sheriff's Office.

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