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Traffic offenders...hundreds or thousands of dollars!!!!

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Old 06-29-2007, 10:08 AM
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Chris996
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Default Traffic offenders...hundreds or thousands of dollars!!!!

http://ourvalley.org/news.php?viewStory=831

“The General Assembly dubbed the law the 'Dangerous Driver Law,' but it is much more far reaching than that,” said Tommy Moore, clerk of the Botetourt Circuit Court.

It will keep the clerk's office busy collecting the first of three annual civil fee payments from drivers convicted of any number of traffic violations. The civil fees will be on top of traffic fines courts impose, and are part of the new financial package to help fund Virginia's beleaguered highway department.

For instance, an offender charged and convicted of reckless driving for going 20 mph over the speed limit would pay the traffic fines and court costs, plus be accessed a $1,000 civil fee. One-third of the civil fee would have to be paid the day of the conviction. The rest would be paid in two equal installments over the next two years. The Department of Motor Vehicles (DMV) is responsible for collecting the final two payments

The new system is designed to spread the fees into three yearly payments.
The fees could reach into the hundreds or thousands of dollars for some traffic offenders.
The idea, according to published a report, is “Drive Safe and Save Money.”
“We felt it would be a good thing to do for public safety and a unique way to raise more funding,” said Del. Steve Landes, (R-Weyers Cave,) who co-sponsored the legislation this past winter.

The civil fees will go into a newly created special transportation fund to pay for road construction.

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Old 06-29-2007, 10:18 AM
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dresler
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What a buch of crap. This is the land of the free? Where is the unbiased research showing such fines are justifiable? Fight this heap of legislative waste product, anyway you can.

" We felt it would be a good thing to do.." oh, never mind, there is the reasoning....
Old 06-29-2007, 10:25 AM
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Chris996
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State of Virginia still fighting for “States Rights” which I thought was ended with the civil War. Virginia is the only state to make Radar detectors illegal. How do they getaway with it?

Dangerous Driver Law"
rolling through a stop sign (a fee of $300),
impeding traffic--a charge that's possible when stopping in front of your mailbox to get the mail. $300.

Play an R or X rated movie on the van DVD player and if it is seen by someone in another vehicle, $300.
The new law takes effect July 1.

"Judges have no leeway with the new law,"

Those who have driving points on their record also will be assessed an additional $175 per point in civil fees for their previous record up to $700 if convicted of a new violation.

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Old 06-29-2007, 10:29 AM
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That sounds like my wife's logic on saving money..."look how much money I saved by going to sales". No...you still spent money. How can adding additional fines for driving save money??!! This country's rediculous. I think there's more accidents by people driving below the speed minimum and slower cars driving in the left lane than someone in a Porsche driving 80 in a 60 zone on an interstate.
Here in South Carolina, traffic tickets are a profit center for small towns as well as the state...it's like organized crime..." You pay us triple the face value of the ticket and we'll make the points disappear".
Like paying for protection. Unbelievable.
Old 06-29-2007, 10:44 AM
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Default Effective Starting JUL 1st in VA!!!!

New Virginia Code § 46.2-206.1

During its 2007 Session, the General Assembly of Virginia passed House Bill
3202 (Chapter 896), which was designed to provide additional funds to address various transportation needs in the Commonwealth. (See this link for the bill:
http://leg1.state.va.us/cgi-bin/legp...bil&val=hb3202.) The
legislation requires agencies and branches of state government which implement parts of the legislation to make accessible to the public information about those efforts.
(1) Civil Remedial Fees. The legislation creates “civil remedial fees” to be
assessed against Virginia residents convicted of certain motor vehicle-related or driving crimes. These civil remedial fees will not apply to traffic infractions like failure to obey a highway sign or failure to yield or parking too near a hydrant. They apply only to certain motor vehicle-related or driving felonies and misdemeanors (certain motor vehiclerelated or driving offenses which are crimes). The civil remedial fees will be assessed against juveniles who have been found delinquent because they committed one of these motor vehicle-related or driving felonies or misdemeanors. The civil remedial fees will
not be assessed if the juvenile court defers a final judgment against the juvenile and does not find the juvenile to be delinquent.
(2) Purpose. The statute states the purpose of these fees is “to generate revenue from drivers whose proven dangerous driving behavior places significant financial burdens upon the Commonwealth.”
(3) Effective date. These fees are assessed upon convictions of the applicable
offenses only if the crime was committed on or after July 1, 2007.
(4) An additional fee. In one important way, these fees are like court costs. That is, if the fee is applicable to a particular conviction, the court must assess the entire civil remedial fee. However, these civil remedial fees cannot be suspended or reduced. Instead, by law, an applicable civil remedial fee must be assessed by the court in full. Finally, the law provides that “The civil remedial fees established by this section shall be in addition to any other fees, costs, or penalties imposed pursuant to the Code of Virginia.” (5) Virginia residents only. The civil remedial fee is applicable to Virginia “residents” convicted of these crimes. The law provides that “The civil remedial fees
established by this section shall be assessed on any resident of Virginia operating a motor vehicle on the highways of Virginia, including persons to whom Virginia driver's licenses, commercial driver's licenses, or learner's permits have been issued pursuant to this title; and persons operating motor vehicles without licenses or whose license has been revoked or suspended.”
(6) Three-part fee. The civil remedial fees are imposed in three equal parts. If the fee applies, the court will order the first part of the fee to be paid to the court following the conviction. The court will also order that the second part of the fee must be paid to the Department of Motor Vehicles (DMV) within 14 months and, then, that the third part of the fee must be paid within 26 months of the conviction. DMV will tell people who owe the second and third parts of the civil remedial fees when those parts of their fees will be due.
(7) Fee schedule. The civil remedial fees are as follows:
(a) Driving on a suspended license: $250 to the court upon conviction, with two
additional payments of $250 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction.
(b) Reckless driving: $350 to the court upon conviction, with two additional payments of $350 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction.
(c) DUI and related offenses (§§ 18.2-266, -266.1, 46.2-341.24): $750 to the court upon conviction, with two additional payments of $750 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction.
(d) Other misdemeanors, “Any other misdemeanor conviction for a driving and/or motor vehicle related violation of Title 18.2 or [Title 46.2] that is not included in one of the preceding three subdivisions”: $300 to the court upon conviction, with two additional payments of $300 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction.
2
(e) Felony convictions, “Any felony conviction for a driving or motor vehicle-related offense under Title 18.2 or [Title 46.2]”: $1,000 to the court upon conviction, with two additional payments of $1,000 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction.
(8) Installment or deferred payment plans. Civil remedial fees paid to the courts
(the first part of the three-part civil remedial fee) may be included in the installment or deferred payment plans which courts use now for the payment of fines and costs, upon request and approval. The judge or the clerk of the court which convicts the person sets up the payment plan. These court-ordered installment or deferred payment plans will not apply to second and third parts of the civil remedial fee, which are to be paid to DMV.
(9) Prepayable offenses. The civil remedial fees do apply to two motor vehiclerelated or driving misdemeanors which are on the table of so-called “prepayable” offenses. When an offense is prepayable, the accused person may plead guilty by paying to the court before the trial date the entire prepayable fine and court costs. Because these two offenses require the civil remedial fee, a person prepaying one of these two offenses must pay to the court not only the set prepayable fine and court costs, but also the first
part of the three part civil remedial fee (the part due to the court). If the entire amount due for the prepayable offense is not sent to the court at the same time, the court cannot accept the payment. Once the civil remedial fees become effective, the references in the table of prepayable offenses to these two offenses will look like this:
Drinking alcoholic beverage while driving motor vehicle 18.2-323.1 $35 (Plus $900 civil remedial fee due in three payments: $300 due to court with fine
and costs, $300 payment due to DMV within 14 months of conviction, and $300 payment due to DMV within 26 months of conviction.
Civil remedial fee applicable to VA residents only.) $61 $396

Refusing officer’s order to drive vehicle to weighing station
46.2-1137 $35 (Plus $900 civil remedial fee due in three payments: $300 due to court with fine and costs, $300 payment due to DMV within 14 months of conviction, and $300 payment due to DMV within 26 months of conviction.
Civil remedial fee applicable to VA residents only.) $61 $396
3
(10) List of offenses. Following is the list of the offenses to which civil remedial
fees are applicable. The list is arranged numerically by citation to the Code of Virginia. It
contains a brief description of the offense, a reference to the part of the statute imposing
the particular fee, the amount of the civil remedial fee, and the “class” of the offense
(which indicates how serious is the particular offense). The offenses are color-coded to
reflect both the particular paragraph of subsection C of § 46.2-206.1 and the specific civil
remedial fee.
Here is that subsection of the statute, with the colors imposed to match up with the
following list:
§ 46.2-206.1 (C). The court shall assess a person with the following fees upon each
conviction of the following offenses:
1. Driving while his driver’s license was suspended or revoked pursuant to § 18.2-272,
46.2-301, 46.2-302, 46.2-341.21, or 46.2-391 shall be assessed a fee to be paid in three
annual payments of $250 each;
2. Reckless driving in violation of Article 7 (§ 46.2-852 et seq.) of Chapter 8 or
aggressive driving in violation of § 46.2-868.1 shall be assessed a fee to be paid in three
annual payments of $350 each;
3. Driving while intoxicated in violation of § 18.2-266, 18.2-266.1, or 46.2-341.24 shall
be assessed a fee to be paid in three annual payments of $750 each;
4. Any other misdemeanor conviction for a driving and/or motor vehicle related violation
of Title 18.2 or this title that is not included in one of the preceding three subdivisions
shall be assessed a fee to be paid in three annual payments of $300 each; and
5. Any felony convictions for a driving or motor vehicle-related offense under Title 18.2
or this title, shall be assessed a fee to be paid in three annual payments of $1,000 each.
Convictions to be Assessed Civil Remedial Fees Under § 46.2-206.1

Offense Class
18.2-35 MANSLAUGHTER - VEHICLE (C)5 $1,000 Felony 5
18.2-36 INVOLUNTARY MANSLAUGHTER - VEHICLE (C)5 $1,000 Felony 5
18.2-36.1 INVOLUNTARY MANSLAUGHTER/ALCOHOL (C)5 $1,000 Felony 5
18.2-36.1 INVOLUNTARY MANSLAUGHTER/AGGRAVATED (C)5 $1,000 Felony 3
46.2-818 STOP VEHICLE TO IMPEDE TRAVEL/BLOCK/DAMAGE (C)4 $300 Misdemeanor 1
46.2-829 RD - PASS OR OVERTAKE EMERGENCY VEHICLE (C)4 $300 Misdemeanor 1

46.2-853 RD - IMPROPER CONTROL - MISDEMEANOR (C)2 $350 Misdemeanor 1
46.2-853 RD - IMPROPER CONTROL - FELONY (C)5 $1,000 Felony 6
46.2-854 RD - PASS ON CREST OF HILL - MISDEMEANOR (C)2 $350 Misdemeanor 1
46.2-854 RD - PASS ON CREST OF HILL - FELONY (C)5 $1,000 Felony 6

46.2-856 RD - PASS TWO VEH ABREAST - FELONY (C)5 $1,000 Felony 6
46.2-857 RD - DR TWO VEH ABREAST - MISDEMEANOR (C)2 $350 Misdemeanor 1
46.2-857 RD - DR TWO VEH ABREAST - FELONY (C)5 $1,000 Felony 6
46.2-858 RD - PASS AT RR CROSSING - MISDEMEANOR (C)2 $350 Misdemeanor 1
46.2-860 RD - FAIL TO GIVE PROPER SIGNAL - FELONY (C)5 $1,000 Felony 6
46.2-861 RD - DRIVE TOO FAST FOR CONDITIONS - MISDEMEANOR (C)2 $350 Misdemeanor 1
46.2-861 RD - DRIVE TOO FAST FOR CONDITIONS - FELONY (C)5 $1,000 Felony 6
46.2-862 RD - SPEEDING EXCESS OF 80 MPH - MISDEMEANOR (C)2 $350 Misdemeanor 1
46.2-862 RD - SPEEDING EXCESS OF 80 MPH - FELONY (C)5 $1,000 Felony 6
46.2-862 RD - SPEED 20/MORE ABOVE SPEED LIMIT - MISDEMEANOR (C)2 $350 Misdemeanor 1
46.2-862 RD - SPEED 20/MORE ABOVE SPEED LIMIT - FELONY (C)5 $1,000 Felony 6

46.2-865 RD - RACING - MISDEMEANOR (C)2 $350 Misdemeanor 1
46.2-865 RD - RACING - FELONY (C)5 $1,000 Felony 6
46.2-865.1 INJURING PERSON/CAUSING DEATH WHILE RACING - FELONY (C)5 $1,000 Felony 6
46.2-866 AID AND ABET RACING (C)4 $300 Misdemeanor 1
46.2-868.1 AGGRESSIVE DRIVING (C)2 $350 Misdemeanor 1


46.2-933 FAIL STOP FOR PEDESTRIAN WITH WHITE CANE (C)4 $300 Misdemeanor 3
46.2-1042 OPERATE MOTOR VEHICLE WITH BELOW-STANDARD TIRES (C)3 $300 Misdemeanor 1
46.2-1077.01 OBSCENE VIDEO IMAGE VISIBLE OUTSIDE VEHICLE (C)4 $300 Misdemeanor 4

Office of the Executive Secretary, Supreme Court of Virginia
5/30/2007
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Old 06-29-2007, 11:17 AM
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Originally Posted by dresler
What a buch of crap. This is the land of the free? Where is the unbiased research showing such fines are justifiable? Fight this heap of legislative waste product, anyway you can.

" We felt it would be a good thing to do.." oh, never mind, there is the reasoning....
I guess some are more free than the rest; this seems to apply in particular to the lawmaker - they can come up with whatever nonsense they want!

Time to move over the border to MD!
Old 06-29-2007, 11:34 AM
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Chris996
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1/23/2006
Virginia Mulls Repeal of Radar Detector Ban
A member of Virginia's House of Delegates is pushing for a repeal of the state's ban on the possession of a radar detector.


Virginia Delegate Joe T. May, (R-Leesburg) is working to repeal the state's law making it a crime to possess a radar detector in an automobile. Earlier this month May introduced HB 1120 which would eliminate the $96 ticket police currently issue to those caught with the device -- whether it was in use or not.

"Is your objective to keep people in the speed limit, or is your objective to issue citations?" May asked in the Winchester Star newspaper. He explained the ban provides a "rude welcome" to visitors from the forty-nine states that have no such law and are among its most frequent recipients.

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Old 06-29-2007, 05:42 PM
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triode
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Those laws, coupled with the annual vehicle tax in VA, make it seemingly the most car-unfriendly state in the nation. And my mother is moving up there soon; when I told her about the car tax, she freaked.
Old 06-29-2007, 05:54 PM
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that's one of the many reasons I hated going into virginia. unfortunately i went to school down there for four years...on the bright side, I only got one ticket during my many 2.5-3 hour drives down to school and it got lowered in court with no points
Old 06-29-2007, 06:55 PM
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Yeah I've seen this on the news a few days ago. I don't know how you guys deal with such.
Old 07-02-2007, 10:47 AM
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I'm glad in live across the river.

The solution is to write your local reps. If they do not fix this situation remember to voice your opinions with your votes and do not re-elect these tyrants.

Pete
Old 07-02-2007, 11:06 AM
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I'm just happy that the lawmakers are convinced that people in VA are so great drivers that they can multi-task and still allow cell phone use while driving - or is there maybe just a strong telecom lobby in this state?

I might be an exception but I feel safer with 100mph on a highway but both hands on the steering wheel than with 65mph while dialing or texting on my phone.
Old 07-02-2007, 12:01 PM
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Traffic tickets is a system that is set up to run efficiently when less than 5% of the people cited contest the ticket. With this new law, the people who are cited and contest will increase. I bet that the state's net revenue from tickets will decrease. It is going to be very expensive to build more courts, hire more judges, and prosecutors. Also, the accused would be entitled to a public defender. Which will even costs the courts more money.

At the proposed fine level, you would be stupid not to contest. You would get a better deal from the prosecutor's office than the court because they could plead you to a lesser offense.

There is also constitutional challenges to such severe penalties which typically warrant class c misdimeneor status. This will costs the state millions of dollars as people eventually challenge the constitutionality of the new statutes.

I also wonder about the legislators, are they not elected?

Defense/Traffic attorneys must be very happy in Va right now.
Old 07-02-2007, 12:35 PM
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As I read in a previous thread on this topic, these increased fines are only to be levied on cars registered in VA.

Does anyone have an update on this provision?
Old 07-03-2007, 06:20 PM
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Originally Posted by NCporsche
As I read in a previous thread on this topic, these increased fines are only to be levied on cars registered in VA.

Does anyone have an update on this provision?

**The law provides that “The civil remedial fees established by this section shall be assessed on any resident of Virginia operating a motor vehicle on the highways of Virginia, including persons to whom Virginia driver's licenses, commercial driver's licenses, or learner's permits have been issued pursuant to this title; **

From what I understand above is only to VA Resident. So, I think someone who is in the military service possesing a TN license and is a resident of TN(or other states), although with a vehicle registered and with VA tags is still excempted from these fees.

Lister Lawyers.. please clarify..

Thanks


Quick Reply: Traffic offenders...hundreds or thousands of dollars!!!!



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