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***MUST READ*** July 1 New Laws in VA (Civil Fines)

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Old 06-21-2007, 05:54 PM
  #21  
kcobean
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Originally Posted by John
Copied from another forum:

The following crimes now carry a less severe punishment than driving 80 MPH on a clear road with no traffic around:
Assault
Stalking
Sexual Battery
Contribute to abuse of child
Obstructing justice by threats or force
Shoplifting
Pass bad checks
Identity fraud
Cruelty to animals
Prostitution
Accessory after the fact to a felony crime
Vandalism/Intentional damage
Tresspass with intent to damage
Makes me want to effing scream.....
Old 06-21-2007, 06:04 PM
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OMG! Thats rediculous. This is why I didn't want to move to VA.
Old 06-21-2007, 06:05 PM
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stein
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+1^^
I've got a NC license but live in VA Beach, I was going to make it right and switch it over to VA but **** that! I'm better off keeping the NC license!

(edit: removed to stay on topic )

Last edited by stein; 06-22-2007 at 07:33 AM.
Old 06-21-2007, 06:54 PM
  #24  
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Originally Posted by John
Copied from another forum:

The following crimes now carry a less severe punishment than driving 80 MPH on a clear road with no traffic around:
Assault
Stalking
Sexual Battery
Contribute to abuse of child
Obstructing justice by threats or force
Shoplifting
Pass bad checks
Identity fraud
Cruelty to animals
Prostitution
Accessory after the fact to a felony crime
Vandalism/Intentional damage
Tresspass with intent to damage
Looky here ya'll, you need to research this stuff before you post, ok? I'm the law enforcement expert here...









Oh...um...well, nevermind. You are absolutely correct.

To add insult to injury here, I've seen more people get jail time for speeding/reckless/driving while suspended than for people who are DUI/shoplifting (even 2nd and third offenses in some cases, 3rd being a felony)/prostituting (not that's there's anything wrong with that...) and trespassing.

Fine justice system eh? There is blame to go around for a lot of this however. Has anyone ever gotten on the Virginia Code section webpage?

http://www.vcsc.state.va.us/

Check it out and see what is a crime and, in most cases, what you are looking to do time wise if you commit. It's hard to go a day without breaking SOME law here in Va...
Old 06-22-2007, 03:25 AM
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damn, glad they dont have those fines here yet
Old 06-22-2007, 03:56 AM
  #26  
enth05
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Thank god im moving to NY in less than a month. Much less drivers that dont deserve their licenses up there.
Old 06-22-2007, 04:54 AM
  #27  
lek
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hey guys there's a lawyer in our club that is investigating this. he practices criminal law and is reviewing the legislation passed. his first impressions is that the article is misinterpreted. but we'll see.
Old 06-22-2007, 05:58 AM
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Originally Posted by lek
hey guys there's a lawyer in our club that is investigating this. he practices criminal law and is reviewing the legislation passed. his first impressions is that the article is misinterpreted. but we'll see.
I hope Mike is right, but there still must be a lot of validity to it... I'm just glad I won't be there to find out.
Old 06-22-2007, 06:05 AM
  #29  
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+1^^
I've got a NC license but live in VA Beach, I was going to make it right and switch it over to VA but **** that! I'm better off keeping the NC license!

I know where the money is going to go or I should say has went! The new Virginia IT Administration (VITA) building in Chester? OMG! State of the ******* art!
Server room 100' x 100'


Command center, that large screen is > 25 across! and two 65" plasmas on either side! All the chairs in this place cost > $500 each!

This place is designed to be self running, elec, water, etc... if cut off from the world. Security so tight you start to shake when you see the guard with rubber gloves on. The gym is small but the equipment is damn nice!, a cafe that puts most small cafe's to shame, and the grounds landscaping is art in itself! The building alone will wow you... I was floored when I seen this place!
__________________
I work for the state and we needed that server farm on Wed. Several state agencies went down, including DMV for the whole day. Even the backup servers at VITA went down.
Old 06-22-2007, 06:51 AM
  #30  
Morningglorie
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What difference do you think it will make where your license is from? If you're caught speeding in Virginia, you will still have to pay fines in Virginia. Doesn't matter if your license is from Outer Podunk, Kansas.

Here's a summary of the fines as posted on our community newsletter:

Driving on a suspended or revoked permit - Civil penalty $750.00 + the court cost & fines

Reckless Driving - Civil penalty $1,050.00 + the court cost & fines

DUI - 1st offense - Civil penalty $2,250.00 + the court cost & fines

Failure to give proper signal - Civil penalty $1,050.00 + the court cost & fines

Leaving the scene of an accident - Civil penalty $3,000.00 + the court cost & fines

This is the website that lists the offenses and how much each civil penalty is.

<http://www.courts.state.va.us/publications/hb_3202.pdf >

-----------

Yup, these laws seem draconion. But - here in the Z community, just on this board, how many deaths or extremely serious injuries have we seen in the last few months? Timothy Pickle, still in a coma. Kevin in Florida, dead at 31, leaving a wife and young son. A 51 year old man (sorry, don't recall details), leaving a college age son. There have been others whose details I don't recall.

In Virginia about a week ago, four young women were killed at the 95/495/395 interchange when they first appeared to be on the merge lane to 95 and then swerved back, into the path of a semi, onto 495. Two of them had just graduated from high school that day. Alcohol was found in the car, and they were ejected from the car, indicating they probably weren't wearing seat belts.

So, what's it going to take to stop those deaths? To put an end to street racing?

Lest you think I'm holier than thou - nope. I got a ticket for reckless driving a few years ago for driving 25 mph above the limit in a school zone. I was going 50, normal speed limit is 45, but I missed the flashing yellow lights that indicated school zone rules were in effect. I wasn't usually driving that stretch of road at that time in the afternoon and didn't even think about it.

So, I paid my price and suffered the the cost and the points on my license until they disappeared a few years later. And I definitely pay more attention to school zone signals around 2:30 - 3:30 in the afternoons in these days.

Don't drive like an idiot and you've got nothing to worry about. Test the limits of your car, and yup, you will pay.

You want to race, take it to the track and have fun. You want to drive on the streets, then pay attention to speed limits and lane changes and be mindful of other traffic.

Not that complicated, really.
Old 06-22-2007, 06:54 AM
  #31  
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Originally Posted by lek
hey guys there's a lawyer in our club that is investigating this. he practices criminal law and is reviewing the legislation passed. his first impressions is that the article is misinterpreted. but we'll see.
Sure, the article is skew'ed and of the opinion that this is BS... but if you read the PDF you will see:

Section 4
... 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.
This means that the court (judge) can not reduce the civil fees. So if you get a lenient judge. and he reduces your court costs, your are still on the hook for the civil fees IN FULL... the judge CAN NOT waive them.

Section 7 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.

Take a look at 46.2

http://legis.state.va.us/codecomm/di...06/dig0649.htm

Note what offenses are on there, and get upset like me.


Also.. lets try to keep this on-topic please
Old 06-22-2007, 06:56 AM
  #32  
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§ 46.2-862 amended.
Reckless driving. Defines reckless driving as (i) driving a motor vehicle at a speed of 20 miles per hour or more in excess of the maximum speed limit or (ii) driving in excess of 80 miles per hour regardless of the maximum speed limit. HB 1546; CH. 301.
Old 06-22-2007, 06:59 AM
  #33  
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§ 46.2-1020 amended.
Fog lights. Provides that not more than two fog lights may be illuminated at any time. HB 917; CH. 122.
Old 06-22-2007, 07:05 AM
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§ 46.2-860. Failing to give proper signals - A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.
Old 06-22-2007, 07:06 AM
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§ 46.2-863. Failure to yield right-of-way - A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a "Yield Right-of-Way" sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.
Old 06-22-2007, 07:07 AM
  #36  
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The reckless driving offense can even occur on a “parking lot”.

§ 46.2-864. Reckless driving on parking lots, etc. - A person shall be guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:

1. On any driveway or premises of a church, school, recreational facility, or business property open to the public; or
2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
3. On any highway under construction or not yet open to the public
Old 06-22-2007, 07:09 AM
  #37  
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Originally Posted by Morningglorie
What difference do you think it will make where your license is from? If you're caught speeding in Virginia, you will still have to pay fines in Virginia. Doesn't matter if your license is from Outer Podunk, Kansas.

Here's a summary of the fines as posted on our community newsletter:

Driving on a suspended or revoked permit - Civil penalty $750.00 + the court cost & fines

Reckless Driving - Civil penalty $1,050.00 + the court cost & fines

DUI - 1st offense - Civil penalty $2,250.00 + the court cost & fines

Failure to give proper signal - Civil penalty $1,050.00 + the court cost & fines

Leaving the scene of an accident - Civil penalty $3,000.00 + the court cost & fines

This is the website that lists the offenses and how much each civil penalty is.

<http://www.courts.state.va.us/publications/hb_3202.pdf >

-----------

Yup, these laws seem draconion. But - here in the Z community, just on this board, how many deaths or extremely serious injuries have we seen in the last few months? Timothy Pickle, still in a coma. Kevin in Florida, dead at 31, leaving a wife and young son. A 51 year old man (sorry, don't recall details), leaving a college age son. There have been others whose details I don't recall.

In Virginia about a week ago, four young women were killed at the 95/495/395 interchange when they first appeared to be on the merge lane to 95 and then swerved back, into the path of a semi, onto 495. Two of them had just graduated from high school that day. Alcohol was found in the car, and they were ejected from the car, indicating they probably weren't wearing seat belts.

So, what's it going to take to stop those deaths? To put an end to street racing?

Lest you think I'm holier than thou - nope. I got a ticket for reckless driving a few years ago for driving 25 mph above the limit in a school zone. I was going 50, normal speed limit is 45, but I missed the flashing yellow lights that indicated school zone rules were in effect. I wasn't usually driving that stretch of road at that time in the afternoon and didn't even think about it.

So, I paid my price and suffered the the cost and the points on my license until they disappeared a few years later. And I definitely pay more attention to school zone signals around 2:30 - 3:30 in the afternoons in these days.

Don't drive like an idiot and you've got nothing to worry about. Test the limits of your car, and yup, you will pay.

You want to race, take it to the track and have fun. You want to drive on the streets, then pay attention to speed limits and lane changes and be mindful of other traffic.

Not that complicated, really.
what you are sayin is very true, but the matter of fact is that no one will change if they are not even aware of what the punishments are...i was talkin to a couple of people and they were like "sounds stupid.....cant be real"....as for the alcohol stuff, i used to have to card people all the time at my old job, and you would get the worst **** in the world from people, and to make it worse, when i would call teh cops they would tell me its not there problem that some ones trying to assault me or that they stole alcohol....one day this old guy bought some alcohol, drank it while drivin home and hit a runner, and the cop came to me and goes "why did you sell to hime while he was drunk"....and i was like...well why didnt you stoo him from drininking on teh road b/c he was not drunk when he came here......honestly, the police just have screwd up priorities
Old 06-22-2007, 07:09 AM
  #38  
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Originally Posted by Morningglorie
What difference do you think it will make where your license is from? If you're caught speeding in Virginia, you will still have to pay fines in Virginia. Doesn't matter if your license is from Outer Podunk, Kansas.
" Drivers from out of state will not be penalized by the civil system of fees because “the state can not go beyond its borders to collect the (civil) fees,” said Moore. “These fees are for Virginia residents and those with a permit listing a Virginia address.” "

I'm assuming out of state drivers just pay the regular citation fee.
Old 06-22-2007, 07:22 AM
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I don't disagree with you at all Morningglorie .. I think that we all need to learn from our losses (Kevin and others) and not break the laws. In a perfect world that would be the case.

Its been a few years since my last reckless, (going 20 over on 66,clear night no other cars around).

My rub on these fines are that they seem excessive to me. Reckless driving in VA is a very BROAD umbrella law here in VA. Anything from speeding, to failure to signal. Its the officers discretion to issue you a reckless, or a failure to signal ticket.

Also.. this is a great read.. a former prosecuter explains VA reckless law:

http://www.srislawyer.com/PracticeAr...-Explained.asp

VIRGINIA RECKLESS DRIVING STATUTES EXPLAINED

BY A FORMER PROSECUTOR


In Virginia, reckless driving tickets can be issued for fourteen (14) different types of driving behavior. We will explain the different violations and the penalties that each of the different charges carry. A reckless driving conviction can result in either a misdemeanor or felony conviction. Most people who are charged with this offense do not realize that reckless driving is a criminal act and therefore can result in an actual jail term in addition to a loss of driving privileges and high fines. If a death were to occur as a result of reckless driving, then a person may be convicted of a felony and thereafter be classified as a convicted felon. If a felony conviction were to occur, then in addition to any actual prison confinement, the person will also lose a significant number of their constitutional rights. Since a reckless driving conviction is a criminal act, a person may become ineligible for certain professions such as a police officer, airline pilot, etc. Even, security clearances may be jeopardized as a result of a conviction.

Clients are always counseled to take a reckless driving uniform summons seriously. A lot of drivers do not realize that a summons for reckless driving carries with it a promise to appear in court. The first time most people realize that a reckless driving charge has a mandatory appearance component is when the police officer or trooper advises them that by virtue of the fact that they are signing the summons, they are promising to appear on the court date stated on the uniform summons. For most out of state drivers, this is yet another onerous factor of being charged with a Virginia reckless driving violation.

If convicted of a reckless driving charge in Virginia, it is at a minimum a class one (1) misdemeanor pursuant to section 18.2-11 of the Virginia Code and at the maximum in reckless driving violations resulting in death, a class six (6) felony pursuant to section 18.2-10 of the Code of Virginia. For most people, it is hard to comprehend that what is normally considered a serious traffic offense at worst in most states is a criminal act in Virginia. Frequently, drivers who possess a CDL or juveniles who are charged with this offense are incredulous that they are facing such severe consequences for a first time offense of reckless driving in Virginia.

Another fact that most people do not realize about a charge of reckless driving is the disparity in the way different counties in Virginia dispose of reckless driving offenses. Some counties may be so lenient as to allow a person who is charged with this offense to attend driving/traffic school for dismissal whereas another county will not even consider the option of traffic school. However, a number of jurisdictions are starting to take a standard position as to the disposition of reckless driving offenses and it is unfortunately not the lenient approach.

The following are some of the different reckless driving offenses as explained by a former prosecutor. Every single one of these offenses will result in six demerit points on the operator's driving record and may remain on the person's driving record for as long as 11 years.

Virginia Code Section 46.2-862 is the statute that addresses driving in excess of the speed limit. This statute has two different ways it can violated:

*
Driving a motor vehicle on the highways of the Commonwealth at a speed of twenty miles per hour or
*
Driving in excess of eighty miles per hour regardless of the applicable maximum speed limit.

Virginia Code Section 46.2-852 codifies the essence of reckless driving and is the catch-all general rule. This statute does not take into account the speed the vehicle is traveling. A number of Virginia Courts have held that "the essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation." Any driving behavior on a highway that endangers the life, limb or property of any person shall be reckless driving.

Simply driving a vehicle that is not under proper control due to faulty brakes can result in a person being charged with a violation of Virginia Code Section 46.2-853 .

Driving with too many passengers in car may cause an officer to charge the driver with a violation of Virginia Code Section 46.2-855 if the officer believes that number of passengers in the car is causing the driver's view to be obstructed or interferes with the driver's control of the vehicle.

If two motor vehicles travel abreast of each other in a single lane, this is a violation of Virginia Code Section 46.2-857 .

One of the most commonly charged offenses during rush hour traffic in the morning is the passing of a stopped school bus that is loading or unloading children. Passing a stopped school bus in violation of Virginia Code Section 46.2-859 is viewed very dimly by judges due to the danger it poses to the children.

Something as minor as failing to give adequate and timely signals can result in being charged with Virginia Code Section 46.2-860 . It is very important to give proper signals when making a turn, slowing down or stopping when traveling on the highway.

Always keep in mind that even if the speed limit is 55 mph or 60 mph on most of the highways in the Commonwealth, it is still important to take into account the traffic and weather conditions of any road that you are traveling on. Even if you are not exceeding the speed limit, but the trooper believes you are traveling in a manner such that it exceed a reasonable speed based on the circumstances and traffic conditions at the time, you can be charged with Virginia Code Section 46.2-861 .

Any driving behavior that endangers life, limb or property of any person on a driveway of a church, school, recreational facility or business property that is open to the public or industrial establishment is violation of Virginia Code Section 46.2-864 .

One of the most severely prosecuted offenses is racing. Police target minors aggressively and the courts are very handed when sentencing individuals who are convicted of racing in violation of 46.2-865 . The law provides that in addition to any other penalties provided by law, the driver's license of the person convicted of racing shall (meaning mandatory) be suspended by the court for not less than six months and may be suspended for up to two years. Additionally, if the prosecutor can prove to the court that the driver broke the law by engaging in a race in violation of Virginia Code Section 46.2-865 and did so in a manner so gross, wanton and culpable as to show a reckless disregard for human life, causes seriously bodily injury to another person, the driver can be convicted of a class 6 felony pursuant to 46.2-865.1. The statute requires the person to have their license suspended for no less than one year and no more than three years. Even a person who aids or abets any such race may be convicted of a class one misdemeanor pursuant to Virginia Code Section 46.2-866. Violation of Virginia Code Section 46.2-865 can also result in having that person's vehicle seized and disposed of pursuant to VA Code 46.2-867 .

VA Code Section 46.2-868 is the statute that codifies the additional penalties of a conviction of the Virginia reckless driving offenses.

If you have been charged with an offense of this nature in the general district court or juvenile district court, please do not wait to find out what penalties the court may impose on you. Secure the services of an extremely experienced lawyer who is an expert at defending clients charged with this type of a driving offense. If you wish to retain the services of Mr. Sris, who is a former prosecutor or any of the other highly skilled attorneys of SRIS, P.C. contact the Law Offices of SRIS, P.C today by phone, email or on line form . You can be assured that you will benefit from having a lawyer who really understands the law, the court system and is in court almost everyday defending clients charged with similar charges. Don't let a reckless driving ticket cause you to loose your job or liberty. SRIS, P.C. has four offices in Virginia. They are located in Fairfax, Prince William, Henrico & Virginia Beach.
Old 06-22-2007, 07:24 AM
  #40  
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Originally Posted by mdracer76
Sure, the article is skew'ed and of the opinion that this is BS... but if you read the PDF you will see:

Section 4

This means that the court (judge) can not reduce the civil fees. So if you get a lenient judge. and he reduces your court costs, your are still on the hook for the civil fees IN FULL... the judge CAN NOT waive them.

Section 7 D




Take a look at 46.2

http://legis.state.va.us/codecomm/di...06/dig0649.htm

Note what offenses are on there, and get upset like me.


Also.. lets try to keep this on-topic please
this whole thing sounds ridiculous.


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