ROAD RAGE

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

Incidents of screaming, rude gestures, and sometimes even violence are reported frequently on our roadways to the point where the behavior has earned the name of “road rage.”  “Road rage” incidents occur as a result of an aggressive driver, usually because of impatience or anger, who intentionally tries to threaten, injure, or even kill another driver because of a traffic dispute.  The National Highway Traffic Safety Administration (NHTSA) statistics show that aggressive driving and road rage are causing serious problems on our roads.

NHTSA estimates that two-thirds of vehicle crash fatalities are due to aggressive driving and 37 percent of aggressive driving incidents involve a firearm.  Even worse, 2 percent of drivers admit to trying to run an aggressive driver off the road or highway.    

Inappropriate, aggressive driving or “road rage” can result in accidents, serious physical injury or death to the driver or another party.  There are numerous possible traffic and criminal charges associated with “road rage” which can include from a minimum of reckless driving and following too close, up to reckless homicide and manslaughter.  Possible penalties range from a mere monetary fine to ten years in the penitentiary. 

Half of drivers who are on the receiving end of an aggressive driving behavior admit to responding with aggressive behavior themselves.  We should all remember that everyone occasionally makes mistakes while driving.  We probably all have at one time or another pulled out in front of another car that was closer than we thought or drove slower than the speed limit while day dreaming about something.  We do not know what type of stress, pressure, or other circumstances another driver may be experiencing that may result in what we consider inappropriate driving. That other driver could have serious medical problems, could have just lost a loved one, could be thinking about an elderly parent or troubled child, etc.  We all need to be more considerate of other drivers and not react with any form of “road rage.”

Sometimes when another driver engages in a form of “road rage,” we are tempted to respond in kind by speeding up and not letting him pass or displaying an obscene gesture.  That is certainly the wrong response.  We should just ignore those types of drivers and not aggravate them more to where they really do something stupid such as intentionally cause an accident or pull a gun out.  This may sound silly, but a good response may be to just think positive thoughts towards that other fellow so that his day gets better and he calms down before he causes an accident or before he gets home and takes it out on his family. 

If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071

“NO PASS – NO DRIVE” LAW

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

In 2007, the Kentucky Legislature passed “The No Pass/No Drive” law requiring sixteen (16) and seventeen (17) year old students to meet sufficient academic and attendance standards to maintain their driver’s license or learners permits. Any family that has had a teenager recently apply for a first-time learner permit has seen this requirement because a school compliance verification form must be completed by the school before the permit is issued. 

 A student is deemed to be non-compliant and to have his or her license or permit revoked if either they have had nine or more unexcused absences, including suspensions, during a semester or not passing at least 66% of his or her classes.  All schools must report non-compliance with any and all students each semester.  The Kentucky Transportation Cabinet then will notify the student by mail that his license to drive a car has been revoked.  The student can request a hearing in District Court to attempt to get his license reinstated for good cause shown, such as that the student did not drop out, is not academically deficient, or that a family hardship situation exists where the license is absolutely necessary.  If a student re-enrolls in school, he may apply to have his driver’s license reinstated at the end of the semester during which he re-enrolls.  The purpose of the license suspension provisions is to discourage kids from dropping out of school.  Many students do not drop out of school because of the fear of losing their license or decide to re-enroll in school and/or attend school regularly in order to get their license back after a suspension.

This law has also survived challenges to its constitutionality under the U.S. Constitution’s Equal Protection Clause and Due Process clause.  In reviewing the law, the Court of Appeals found that driving a car was a legitimately regulated privilege and not a fundamental right of the student.  The court reasoned that the law was appropriate legislation concerning a legitimate state interest of trying to keep sixteen (16) and seventeen (17) year old students in the school with passing grades. 

If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.