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Link Posted: 10/13/2008 4:44:12 AM EDT
[#1]
I went through my first academy in Virginia, and later an instructor at that same academy. It was taught that you had to practice "due regard" in using lights and siren and disregarding normal traffic laws, i.e., an officer has to show "due regard" for other traffic.

It was kinda reinforced that the lights and siren was "asking permission" to disregard traffic laws, but did not give you the "right" to do it. It was further impressed upon cadets (at least in my department) that if there was an accident, you damned well had better have had your lights and siren on and witnesses who said you at least slowed down before another car hit YOU.

It blew my mind when I moved to Tennessee and saw Fire trucks and Ambulances running high speed the wrong way down a multilane road.

Guess the multi-million dollar civil suit hasn't occurred yet.




eta: Found the relevant law in the Code of Virginia:

leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-920

§ 46.2-920. Certain vehicles exempt from regulations in certain situations; exceptions and additional requirements.

A. The driver of any emergency vehicle, when such vehicle is being used in the performance of public services, and when such vehicle is operated under emergency conditions, may, without subjecting himself to criminal prosecution:

1. Disregard speed limits, while having due regard for safety of persons and property;

2. Proceed past any steady or flashing red signal, traffic light, stop sign, or device indicating moving traffic shall stop if the speed of the vehicle is sufficiently reduced to enable it to pass a signal, traffic light, or device with due regard to the safety of persons and property;


3. Park or stop notwithstanding the other provisions of this chapter;

4. Disregard regulations governing a direction of movement of vehicles turning in specified directions so long as the operator does not endanger life or property;

5. Pass or overtake, with due regard to the safety of persons and property, another vehicle at any intersection;

6. Pass or overtake with due regard to the safety of persons and property, while en route to an emergency, stopped or slow-moving vehicles, by going to the left of the stopped or slow-moving vehicle either in a no-passing zone or by crossing the highway centerline; or

7. Pass or overtake with due regard to the safety of persons and property, while en route to an emergency, stopped or slow-moving vehicles, by going off the paved or main traveled portion of the roadway on the right. Notwithstanding other provisions of this section, vehicles exempted in this instance will not be required to sound a siren or any device to give automatically intermittent signals.

B. The exemptions granted to emergency vehicles by subsection A of this section shall apply only when the operator of such vehicle displays a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022 and 46.2-1023 and sounds a siren, exhaust whistle, or air horn designed to give automatically intermittent signals, as may be reasonably necessary, and, only when there is in force and effect for such vehicle either (i) standard motor vehicle liability insurance covering injury or death to any person in the sum of at least $100,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $300,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of $20,000 because of injury to or destruction of property of others in any one accident or (ii) a certificate of self-insurance issued pursuant to § 46.2-368. Such exemptions shall not, however, protect the operator of any such vehicle from criminal prosecution for conduct constituting reckless disregard of the safety of persons and property. Nothing in this section shall release the operator of any such vehicle from civil liability for failure to use reasonable care in such operation.

C. For the purposes of this section, the term "emergency vehicle" shall mean:

1. Any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer (i) in the chase or apprehension of violators of the law or persons charged with or suspected of any such violation or (ii) in response to an emergency call;
Link Posted: 10/13/2008 4:49:04 AM EDT
[#2]
Just seen the video now.

Ouch, that's not so good.  Hope her agency has a good rainy day fund, me thinks their going to lose the civil suit.
Link Posted: 10/13/2008 4:53:50 AM EDT
[#3]

Quoted:
Just seen the video now.

Ouch, that's not so good.  Hope her agency has a good rainy day fund, me thinks their going to lose the civil suit.


I'm hoping they lose it. Go under and the stigma follows her for life.


Like a scarlet A.


But more like a NEON sign that says "Murderer"


She can become An Hero
Link Posted: 10/13/2008 4:56:14 AM EDT
[#4]
Link Posted: 10/13/2008 4:59:51 AM EDT
[#5]

Quoted:

Quoted:
According to Virginia law, officers are not required to run their sirens when they drive through red lights.


Why the heck not?  


I would imagine it would be so you wouldn't alert anyone if you were approaching the scene. However, according to section B above, you must use them if "reasonably necessary".  

Rainy, icy February during rush-hour in high-traffic Northern VA? I'd call that reasonably necessary.
Link Posted: 10/13/2008 5:01:42 AM EDT
[#6]
"The judge saw the video and heard all the testimony and the judge found that that did not rise to the level of a conscious disregard for life, limb or property," said defense attorney Ed Nuttall.

I wonder if i run through a red light at 50 mph if the judge would say that.
Link Posted: 10/13/2008 5:04:52 AM EDT
[#7]
I bet he was on his cell phone.
Link Posted: 10/13/2008 5:06:49 AM EDT
[#8]
Just for clarification, the officer was running her blue lights but not the audible siren, yes?
Link Posted: 10/13/2008 5:11:28 AM EDT
[#9]
Link Posted: 10/13/2008 5:13:08 AM EDT
[#10]
Legal kill in Va.
Move along.


Taxpayers caught holding the bag is my guess.
Somebody will be along shortly to explain that,
'This is how our legal system is setup to work'.

...and the popo will not fight it in civil court
as a way of saving the taxpayers money.

RIP young lady.
Link Posted: 10/13/2008 5:14:29 AM EDT
[#11]

Quoted:
Just seen the video now.

Ouch, that's not so good.  Hope her agency has a good rainy day fund, me thinks their going to lose the civil suit.


I truly hope so.

And if it was my daughter that was killed, I'd make damn sure the cop got a picture of her in the mail every day.
Link Posted: 10/13/2008 5:18:36 AM EDT
[#12]
Link Posted: 10/13/2008 5:28:02 AM EDT
[#13]

Quoted:
Snip

Her family was disappointed in the verdict and disappointed that Perry has not apologized.


What a bitch.
Link Posted: 10/13/2008 5:31:09 AM EDT
[#14]

Quoted:

Quoted:
Snip

Her family was disappointed in the verdict and disappointed that Perry has not apologized.


What a bitch.


Probably at the advice of her lawyer.
Link Posted: 10/13/2008 5:31:22 AM EDT
[#15]
Blatant disregard for human life. To run that speed with no siren in heavy traffic on wet roads.... Someone kills my daughter doing that, someone will pay - whether they get off in court or not.
Link Posted: 10/13/2008 5:36:14 AM EDT
[#16]

Quoted:

Quoted:
Snip

Her family was disappointed in the verdict and disappointed that Perry has not apologized.


What a bitch.


That was my first thought too, however, would she be advised against doing that from her defense so as not to admit guilt or fault?

Really sucks for the family of the deceased.
Link Posted: 10/13/2008 5:40:33 AM EDT
[#17]
Link Posted: 10/13/2008 5:50:18 AM EDT
[#18]

Quoted:

I wonder if i run through a red light at 50 mph if the judge would say that.


depends.  do you have a badge?
Link Posted: 10/13/2008 5:58:13 AM EDT
[#19]
I just got back from a Emergency Driving Course here in Texas.  Texas laws states that you have to slow down at intersections, and that you can be help personally liable for any accidents.

Link Posted: 10/13/2008 5:59:31 AM EDT
[#20]
Link Posted: 10/13/2008 6:02:20 AM EDT
[#21]

Quoted:

Quoted:

Quoted:

I wonder if i run through a red light at 50 mph if the judge would say that.


depends.  do you have a badge?


Do you have emergency equipment?


did in the past, along with a biiiiiiiiiig red truck and a bunch of water.  you can bet your ass if i killed somebody rolling through an intersection this would not have been my fate.
Link Posted: 10/13/2008 6:04:56 AM EDT
[#22]
Link Posted: 10/13/2008 6:05:00 AM EDT
[#23]

Quoted:

Quoted:

Quoted:

I wonder if i run through a red light at 50 mph if the judge would say that.


depends.  do you have a badge?


Do you have emergency equipment?


I agree with your premise. However, shoplifting doesn't really equate to an emergency.
Running code for a misdemeanor?

22 year olds shouldn't be cops.
Link Posted: 10/13/2008 6:06:39 AM EDT
[#24]

Quoted:

Quoted:

Quoted:

I wonder if i run through a red light at 50 mph if the judge would say that.


depends.  do you have a badge?


Do you have emergency equipment?


I think TX's question is more valid.
Link Posted: 10/13/2008 6:18:55 AM EDT
[#25]
Link Posted: 10/13/2008 6:38:29 AM EDT
[#26]

and sounds a siren,


I don't see in that law where a siren is optional.  I also don't see given conditions, traffic, and speed of entry to the intersection where #2 was met either.  Makes you wonder about the prosecutor and judge upholding the thin blue line.  This chick is in trouble in civil court if the family has a good Lawyer.
Link Posted: 10/13/2008 6:39:26 AM EDT
[#27]

Quoted:

Quoted:

Quoted:
According to Virginia law, officers are not required to run their sirens when they drive through red lights.


Why the heck not?  


I would imagine it would be so you wouldn't alert anyone if you were approaching the scene. However, according to section B above, you must use them if "reasonably necessary".  

Rainy, icy February during rush-hour in high-traffic Northern VA? I'd call that reasonably necessary.


I have seen here, cops turn siren on just to go through a red light, so ........


Quoted:
Blatant disregard for human life. To run that speed with no siren in heavy traffic on wet ICY roads.... Someone kills my daughter doing that, someone will pay - whether they get off in court or not.



Quoted:
I bet he SHE was on his HER cell phone.


Link Posted: 10/13/2008 6:43:42 AM EDT
[#28]






Probably in a hurry to be the 30th cop on the scene at a burglary that happened the night before. Just like my daughter who got her first speeding ticket the other day, 2 more units showed up.
Link Posted: 10/13/2008 6:49:27 AM EDT
[#29]

Quoted:

Quoted:

I wonder if i run through a red light at 50 mph if the judge would say that.


depends.  do you have a badge do as you damn well please permit?
Link Posted: 10/13/2008 6:50:04 AM EDT
[#30]

Quoted:

Quoted:
Snip

Her family was disappointed in the verdict and disappointed that Perry has not apologized.


What a bitch.


Yup.  Karma is going to catch up with her someday.
Link Posted: 10/13/2008 6:51:19 AM EDT
[#31]

Quoted:

Quoted:

Quoted:

Quoted:

I wonder if i run through a red light at 50 mph if the judge would say that.


depends.  do you have a badge?


Do you have emergency equipment?


I think TX's question is more valid.


Yup.  TX's question is more legitimate.
Link Posted: 10/13/2008 6:52:33 AM EDT
[#32]
Link Posted: 10/13/2008 6:55:21 AM EDT
[#33]

Quoted:


Is she hawt?

BTW she was dispatched to a fight in progress call.


I wonder if she has a myspace/facebook.....



time to find it and some /i/nsurgents.

Link Posted: 10/13/2008 6:59:27 AM EDT
[#34]
We need to start a fund for a hero rifle for that brave officer.
Link Posted: 10/13/2008 7:01:07 AM EDT
[#35]
Yes, she is very hawt!!!!
Link Posted: 10/13/2008 7:19:20 AM EDT
[#36]
Very sad situation
Link Posted: 10/13/2008 7:23:53 AM EDT
[#37]
I have noticed since moving here to Fairfax county that for some reason the cops around here when on a call rarely use sirens while travelling at high speed. I work overnights and see them on a regular basis on 66, 28, 50, and 29 just flying down the road with only lights on.
Someone told me that some years ago there was some directive from high up about "disturbing the public peace" by using the sirens too frequently, so it was kind of ingrained in the officers over the years. How true this is, I don't know.
Link Posted: 10/13/2008 7:48:35 AM EDT
[#38]
Bird's Eye Map of the MVA location

This intersection and area is HIGHLY congested with traffic 24 hours a day.  Running through an intersection at speed here is just plain stupid and reckless.

I live about 10 minutes away from there...
Link Posted: 10/13/2008 8:18:43 AM EDT
[#39]

Quoted:
i164.photobucket.com/albums/u25/Fat-Man-photos/Fat%20Photos/FatCop.jpg


i40.photobucket.com/albums/e210/SunshynieDay/cop_donut1.jpg


Probably in a hurry to be the 30th cop on the scene at a burglary that happened the night before. Just like my daughter who got her first speeding ticket the other day, 2 more units showed up.



maybe it was a snake stuck in a birdhouse
Link Posted: 10/13/2008 8:22:47 AM EDT
[#40]
Poor tactics that appear to be legal under state law.  I agree the statutes need an update.

Under Michigan law making a manslaughter charge under those facts would be tough but making a misdemeanor reckless wouldn't be difficult.

One must be very careful when proceeding through intersections.  Especially more so when there is less or no warning signals and reduced vision.  I expect a substantial civil judgment.

Joe
Link Posted: 10/13/2008 8:58:31 AM EDT
[#41]
living in long beach ca, i witnessed this exact thing. a semi loaded with a conex was in the left turn lane at a red light, my direction was forward through a green light, a small car was directly in front of me and had just past by the rear of the semi....cutting off her view of the intersection.
   just before i came to the rear of the stopped truck i luckily spotted a police cruiser without siren speeding through the red light on the opposing side of her lanes. therefore passing traffic in her direction.
  anyone could tell there would be a collision.
  had i not seen it, i would have been involved as well.
the older lady right in front of me never saw it coming.
she was t-boned badly.
  about 30 seconds after the collision, the female officer ran from the patrol car towards the car she nailed....
  as she ran across the street, a very old lady who had been waiting at the light opposing me accelerated through the intersection hitting the female cop and sending her careening over the hood of the tunaboat car and slammed her stupid ass the the pavement.  
  that happened on the morning of my birthday one day.
      i really felt sad for both the innocent drivers involved.

when i was younger, i was on foot walking down the street.
  i came to an intersection and pushed the button for the light.
there was a police car right in front of me at the light....he seemed to be attending the radio or something when all of a sudden, he activates his lights and siren at the same time launching his car away from a red light....without so much as checking traffic...
   i was tantilized as he was struck broadside by a pickup truck sending his cruiser into the light post right on the other side of the crosswalk.
   the rightrear tire and hub shot off the car and into the school yard in front.

i could imagine if i had been on the other side of the street coming the other direction
Link Posted: 10/13/2008 9:03:55 AM EDT
[#42]

Quoted:

Quoted:

Quoted:

Quoted:

Quoted:
A few months ago a cop here was running 75 in a 35 and killed a guy leaving work. He goes on trial for manslaughter next month.

Why was the cop going so fast?


Responding to an alarm at a business which turned out to be a false alarm.

Whether it was false or not is irrelevant.
It wasn't a life or death call.
Does Kentucky have the same discretionary use of lights and siren rules like VA?
Was the alarm a smoke alarm or a duress alarm, such as at a bank?
There's a big difference.


It was a silent burlar alarm at retail business.
Link Posted: 10/13/2008 12:02:21 PM EDT
[#43]

Quoted:
Running code for a misdemeanor?

22 year olds shouldn't be cops.


We run code for misdemeanors all the time here.  Hell MOST crimes are misdemeanors.

I started at 18 thank you very much.
Link Posted: 10/13/2008 12:06:19 PM EDT
[#44]
Link Posted: 10/13/2008 12:22:47 PM EDT
[#45]
Not guilty, eh?

Wow. It's not like we couldn't have seen that coming.
Link Posted: 10/13/2008 12:32:21 PM EDT
[#46]
Ugh.  That state has problems if the way that officer killed that person is legal.

Link Posted: 10/13/2008 12:35:55 PM EDT
[#47]
Link Posted: 10/13/2008 12:40:54 PM EDT
[#48]

Quoted:
We need to start a fund for a hero rifle for that brave officer.



You have been here before..
Link Posted: 10/13/2008 12:53:19 PM EDT
[#49]
Don't have any take on the video, it won't play for me.

I will note the interesting observation that the same folks you find in the various "DWI/Speeding/Reckless driving/Seatbelts laws(etc) should not be illegal" threads are the ones condemning the officer in this case.

Hypocrisy seems to be a favorite hobby around here.
Link Posted: 10/13/2008 12:54:58 PM EDT
[#50]

Quoted:

Quoted:
Running code for a misdemeanor?

22 year olds shouldn't be cops.


We run code for misdemeanors all the time here.  Hell MOST crimes are misdemeanors.

I started at 18 thank you very much.


Off the top of my head the only misdemeanors I can think of that run code involve battery/fights - basically anything that is a threat to life.

Brian
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