Category: Road Rules

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Friends Let Friends Crash on the Couch

In your lifetime you’ve probably heard “the man” tell you not to do a lot of things. Don’t litter, don’t talk during the movie, don’t feed the wildlife, don’t play with matches; you can come up with more, I’m sure. Yes, it’s all sound advice, but the best part of life isn’t in the not doing, but the doing. At most, the “don’t” messages are good but incomplete.

Around the holidays the message is often “don’t drink and drive” or “don’t drive high.” There’s a solid reason for that message; in Washington about half of all traffic fatalities involve an impaired driver, even though most people don’t do it. Possibly the most famous of the impairment “don’t” messages has been “Friends don’t let friends drive drunk.” Almost everyone agrees with that (as you’ll soon see in the data). But what does it look like to not do something? If we don’t let our friends drive impaired, what is it that we are doing?

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If They’re Both Wrong, What’s The Difference?

Q: In last week’s article you talked about some traffic violations being infractions and some being crimes. Both of them are still illegal, so what’s the difference? Why are there separate categories?

A: If you commit an infraction, you’re a scofflaw; if you commit a crime, you’re a criminal. That’s not really true. I just like the sound of “scofflaw” and wanted to use it.  You’re right that both traffic infractions and traffic crimes are violations of the law, but there are some real differences, both in the consequences and in the court process. That’s because infractions, as civil violations, follow a different legal process than criminal violations.

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When Speed Becomes Reckless

Q: I’ve heard that if you drive at twice the speed limit instead of getting a speeding ticket you’ll get arrested. Is that true?

A: While driving at double the speed limit is bound to get you in some trouble, I’m not aware of any equation, at least in Washington, that automatically moves a speeder from infraction territory to a crime. That’s not to say that you can’t get arrested for speeding; just that there isn’t a pre-set threshold. It’s actually more complicated than that.

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When The Robots Take Over

Q: From everything I’ve read in the news about autonomous cars, I don’t want one. I’d rather drive myself than give that control to a car. Why is everyone so excited about autonomous cars when people are getting killed in them?

A: What if I told you people aren’t actually being killed by autonomous vehicles? You might respond with any of the following: “Are you forgetting the Uber crash in Arizona that killed a pedestrian? The Tesla crash in Florida that killed its driver? The Tesla crash in California that killed its driver? The other two Tesla crashes in Florida that killed their drivers?”

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Traffic Safety By The Numbers

If you’re not one of those people who each year waits with anticipation for the federal government to release traffic crash data, you might not have seen the 2018 numbers from the National Highway Traffic Safety Administration (NHTSA). And that’s what I’m here for. In case you’re in a big hurry, but also want to know about the state of traffic crashes in America, here’s a summary: If you’re in a car things got slightly better; if you’re walking things got worse.

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Skateboards Are Not The Problem (We Are)

Q: How are they going to reduce accidents to zero when they don’t stop skateboarding period? There should be laws in place to stop people from riding skateboards either on the road or on sidewalks. I have been hit by somebody’s skateboard on the sidewalk while walking my dog, and my dog has been hit by skateboarders. Skate parks should by the only place you can ride a skateboard. It should be required by law that if a person wants to be skateboarding in the road then they need a driver’s license, license plates, registration, and insurance on the skateboard. Could that become a law?

A: Before we tackle the possibility of changing the laws about skateboards, let’s first review what the laws are now. Yes, I’m putting off dealing with the hard part, but it’s also good to start with what we know. According to Washington State law, a skateboarder is a pedestrian. It might not fit your (or the dictionary’s) definition, but our law includes, in addition to the normally understood meaning, any person who is using “a means of conveyance propelled by human power other than a bicycle.” Skateboards, kick scooters, roller blades, wheelchairs; using any of them qualifies you as a pedestrian.

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What’s the Point of Fenders if They Don’t Cover Your Tires?

Q: Is anything being done about trucks with tires that stick out past their fenders? I’m pretty sure that’s not legal. Why are people allowed to do that?

A: It’s not that the law allows people to drive around with tires that project past their fenders; it’s that some people chose to do it anyway. Washington law is clear about the need for fenders and mud flaps. There are actually two laws that address the issue. The Revised Code of Washington states that, “no person may operate any motor vehicle . . . that is not equipped with fenders, covers, flaps or splash aprons . . .” It goes on to state that fenders and mud flaps must be as wide as the tires and extend to at least the center of the axle.

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Stopping To Be Nice or Stopping To Be Safe (Is It The Same?)

Q: I have seen drivers stop at an “unlighted” cross walk and direct pedestrians standing on the curb to cross in front of them, oblivious of the cars behind them or along side of them (In my opinion, creating a deadly hazard). Is the driver acting safely and shouldn’t the pedestrians wave the driver to pass?

A: I’ve been a pedestrian for most of my life (an obvious statement), but in the last year I’ve experienced a new pedestrian phenomenon I’ll call “the stroller exception.” About a year ago I became a grandfather, and now on frequent occasions I get to go on walks with my granddaughter, pushing her in her stroller. Often when we are headed toward a crosswalk a driver will stop for us even if the driver doesn’t have a stop sign and we aren’t even close to the edge of the road yet. That’s an experience I don’t get when I’m walking by myself.

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DUI Checkpoints In Washington

Q: I know some other states, as well as British Columbia, use DUI checkpoints to catch drunk drivers. I’ve never seen them in Washington. Why not?

A: The answer you’ll most often hear as to why Washington doesn’t use DUI checkpoints (also called sobriety checkpoints) is that they’re unconstitutional. And that’s almost true. However, that’s not the whole story. I should first clarify that when we talk about DUI checkpoints being unconstitutional, we’re referring to the Washington State constitution. The US constitution doesn’t prohibit DUI checkpoints, unless you’re in Texas, where they prohibit checkpoints based on their interpretation of the US constitution. Some states have laws authorizing the use of DUI checkpoints, while others have no explicit statutory authority either endorsing or prohibiting them. Thirty-seven states and the District of Columbia use DUI checkpoints.

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