WILLIAMSBURG, Va. — A reckless driving charge filed against the president of the Colonial Williamsburg Foundation for a collision that seriously injured a pedestrian has been reduced to improper driving.
Williamsburg-James City County (WJCC) Commonwealth's Attorney Nate Green said the charge was reduced because of the circumstances of the 2023 incident revealed during a "lengthy" investigation.
Clifford Fleet III, 54, is accused of hitting a 21-year-old William & Mary student with his vehicle at the intersection of Richmond Road and Armistead Avenue in Williamsburg on October 26, 2023.
Virginia State Police said the student was in the crosswalk when a 2023 Audi SUV driven by Fleet crashed into her.
Fleet was initially charged with reckless driving. However, Green said an investigation by the College of William & Mary, Williamsburg Police Department and the Virginia State Police Crash Team revealed no evidence of impairment or distracted driving on Fleet's part.
Green said that Fleet "told investigators that glare from the sun obstructed his view and that he did not see the pedestrian until the collision" and that witnesses and officers who responded to the crash confirmed a sun glare was present and partially obstructed the view of the roadway for drivers going eastbound on Richmond Road.
Green also said that the speed limit was 25 miles per hour and Fleet's speed was determined to be just 2 mph over the limit.
"Exceeding the posted speed limit by 2 mph would not under normal circumstances warrant a charge of reckless driving," Green said. "However, the defendant’s speed must be reviewed in conjunction with the sun glare that partially obstructed the view of the roadway."
"Reviewing these factors together, the Commonwealth believes the defendant’s failure to reduce his speed to compensate for the environmental conditions that obstructed his view of a road commonly used by pedestrians is more than the simple negligence required for a finding of Failure to Yield," Green continued.
Green determined that Fleet's "degree of culpability" only validates an Improper Driving charge, which carries a maximum penalty of a $500 fine.
