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Editor: Bob Battle
Profession: DUI Defense Lawyer

Category: Virginia Reckless Driving/Speeding

A recent Washington Post article points out that police in Virginia have turned to aerial enforcement because it is "one of the most effective ways to spot aggressive drivers." Using a trained trooper's eyes and what basically is a high-tech stopwatch, known as VASCAR, this type of enforcement is immune from radar detectors and jammers. And few drivers look skyward when scanning for speed traps.

The airborne effort is the latest offensive against aggressive drivers, who lawmakers and police are increasingly targeting because of their roles in causing accidents, highway deaths and everyday driver frustration.

Maryland increased penalties against aggressive drivers in 2001, and Virginia passed a law in 2003 designating highway safety corridors and funding additional airborne missions to fight aggressive drivers.

"The recent upsurge in enforcement is a direct result of the department placing an increased emphasis on speeding and reckless drivers," said Lt. Nick E. Saunders, commander of the Virginia State Police aviation unit, which has a fleet of four Cessna 182s based across the state, including one at Manassas Regional Airport.

Signs warning drivers about speed-detecting aircraft are present on the Virginia interstate highways. In 2006, approximately 500 reckless driving speeding tickets were written in Virginia by aircraft operating VASCAR units. The officers focus almost exclusively on cars doing above 80 mph. In Virginia, speeding 81 or above can and will be charged as Reckless Driving Speeding. Three years ago, Virginia increased penalties on stretches of road with higher-than-average accidents and injuries. In Northern Virginia, an 11-mile stretch of I-95 near Potomac Mills mall in Woodbridge is designated as a highway safety corridor, where speeding fines are doubled. There is also another highway safety corridor on I-95 at Richmond, Virginia.

Across Virginia, there are about 20 stretches of road used for aerial enforcement that have the white horizontal lines.

The most disadvantaged drivers in aerial enforcement are those with yellow, red, orange and pink vehicles, which stick out on a highway filled with silver sedans and black trucks.

From above, a yellow Nissan Xterra could be seen from miles away, weaving from lane to lane and traveling far faster than the vehicles around it, making it easy to spot and even easier to pull over. Other vehicles with distinguishing characteristics, such as Hummers, Chevrolet Avalanches, convertibles and even cars with sunroofs, can make detection from the sky easier. Meanwhile, a silver Honda Accord, sans sunroof, is virtually invisible.

PROBLEMS WITH PROVING VASCAR CASES:
If you or someone you know has been charged with Reckless Driving Speeding in Virginia by an aircraft operating VASCAR, Bob Battle has had success in excluding these results at trial. There are quite a few technical and practical objections to speeding measured by these devices.

To read the entire Washington Post article, click here.