***MUST READ*** July 1 New Laws in VA (Civil Fines)
06-21-2007, 07:04 AM
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***MUST READ*** July 1 New Laws in VA (Civil Fines)
Well.. gents ... its been fun.. but its about time to move out of this state.
New laws go into effect on July 1 that allow the State of Virginia to impose a 'civil' fee, on top of the court costs, and fee's, that the judge cannot waive.
Most violations will incur a initial $300 fee followed by 2 additional payments to the state of $300.
How this law got passed, I don't know.. but.. damn.. I'd vote every representative that supported this out next election.
Here is an article about it: http://ourvalley.org/news.php?viewStory=831
and here is the law (PDF): http://www.courts.state.va.us/publications/hb_3202.pdf
New laws go into effect on July 1 that allow the State of Virginia to impose a 'civil' fee, on top of the court costs, and fee's, that the judge cannot waive.
Most violations will incur a initial $300 fee followed by 2 additional payments to the state of $300.
How this law got passed, I don't know.. but.. damn.. I'd vote every representative that supported this out next election.
Here is an article about it: http://ourvalley.org/news.php?viewStory=831
and here is the law (PDF): http://www.courts.state.va.us/publications/hb_3202.pdf
06-21-2007, 07:07 AM
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For the lazy at heart.. here is the article:
New traffic ‘civil remedial fees’ will wallop the wallets of traffic offenders
Cathy Benson
“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.
Local elected officials didn't want to go on the record commenting on this way of raising funds for transportation in the state, but privately several said it was a way of keeping the Republican-controlled General Assembly from having to implement a new tax or raise taxes for the troubled transportation system. Gov. Tim Kaine, a Democrat, signed the bill into law.
Instead of direct taxes to fund transportation, some are calling the civil penalties “hidden fees.” They range from $250 to $3,000, depending on the traffic violation, and will be assessed on a variety of misdemeanor traffic violations including being a passenger in a hit and run or the failure to give a proper signal.
Moore provided a print out of violations that he received at the circuit court clerks conference on June 4 and 5. The print out filled five pages.
Many of the civil fees do address alcohol as was the intent of the “Dangerous Driver Law” when it originated, but the fees also may be accessed for such daily traffic violations as rolling through a stop sign (a fee of $300), or impeding traffic--a charge that's possible when stopping in front of your mailbox to get the mail. The civil fee alone for a conviction on the latter is $300.
Play an R or X rated movie on the van DVD player and if it is seen by someone in another vehicle, a driver can be charged and fined with having an obscene video image seen from outside the car. The civil fee is $300.
The new law takes effect July 1.
Botetourt County Commonwealth's Attorney Joel Branscom feels this will be hitting some folks who can least afford the extra fees.
If a convicted traffic offender does not pay the fees for whatever reason, the person's driver's license is revoked.
The fees will be hitting many of those who can least afford to lose a driver's permit, and the fallout could keep people from being able to work or pay child support, and that is already a part of the downward spiral many traffic offenders are already facing, said both Branscom and Moore, who see dire effects with the new set of civil fees.
“Judges have no leeway with the new law,” said Branscom. which means they cannot reduce or suspend the civil fees.
According to Moore, after the court collects the first civil fee installment, the DMV collects the next two yearly installments and will use a collection agency to retrieve those final two payments. That adds a layer of cost in collection that will reduce the benefit to road funding.
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.
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.”
July 1 looms in two weeks and the clerk's offices around the state are doing what they can to prepare for the collection of the first round of civil fees, which will bring a whole new aspect to traffic court in Virginia.
Cathy Benson
“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.
Local elected officials didn't want to go on the record commenting on this way of raising funds for transportation in the state, but privately several said it was a way of keeping the Republican-controlled General Assembly from having to implement a new tax or raise taxes for the troubled transportation system. Gov. Tim Kaine, a Democrat, signed the bill into law.
Instead of direct taxes to fund transportation, some are calling the civil penalties “hidden fees.” They range from $250 to $3,000, depending on the traffic violation, and will be assessed on a variety of misdemeanor traffic violations including being a passenger in a hit and run or the failure to give a proper signal.
Moore provided a print out of violations that he received at the circuit court clerks conference on June 4 and 5. The print out filled five pages.
Many of the civil fees do address alcohol as was the intent of the “Dangerous Driver Law” when it originated, but the fees also may be accessed for such daily traffic violations as rolling through a stop sign (a fee of $300), or impeding traffic--a charge that's possible when stopping in front of your mailbox to get the mail. The civil fee alone for a conviction on the latter is $300.
Play an R or X rated movie on the van DVD player and if it is seen by someone in another vehicle, a driver can be charged and fined with having an obscene video image seen from outside the car. The civil fee is $300.
The new law takes effect July 1.
Botetourt County Commonwealth's Attorney Joel Branscom feels this will be hitting some folks who can least afford the extra fees.
If a convicted traffic offender does not pay the fees for whatever reason, the person's driver's license is revoked.
The fees will be hitting many of those who can least afford to lose a driver's permit, and the fallout could keep people from being able to work or pay child support, and that is already a part of the downward spiral many traffic offenders are already facing, said both Branscom and Moore, who see dire effects with the new set of civil fees.
“Judges have no leeway with the new law,” said Branscom. which means they cannot reduce or suspend the civil fees.
According to Moore, after the court collects the first civil fee installment, the DMV collects the next two yearly installments and will use a collection agency to retrieve those final two payments. That adds a layer of cost in collection that will reduce the benefit to road funding.
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.
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.”
July 1 looms in two weeks and the clerk's offices around the state are doing what they can to prepare for the collection of the first round of civil fees, which will bring a whole new aspect to traffic court in Virginia.
06-21-2007, 07:24 AM
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Originally Posted by Motormouth
i.e. "we need more money, so we are going to rape out of state drivers... sort of like we do now what with all the speed traps on 95 but we are cutting out the lube"
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06-21-2007, 07:38 AM
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It's getting bad here. It's already overpoliced here in Richmond and Henrico (and thats coming from a law enforcement agent) so why not make it more painful to be a citizen here.
06-21-2007, 08:49 AM
#9
This has got to be one the dumbest plans to raise money for transportation EVER!
The majority of the US population let alone VA population could not afford $1000 extra in 'civil fines'. If they can't afford them their licenses are revoked and the domino effect will continue until their lives are ruined.
Yeah, this will definitely entice out of state residents to move to the Communist state of VA
.
Virginia is going to have to change their state slogan to:
"Roll through a stop sign in the Virginia and we'll bend you over wearing a sandpaper condom."
The majority of the US population let alone VA population could not afford $1000 extra in 'civil fines'. If they can't afford them their licenses are revoked and the domino effect will continue until their lives are ruined.
Yeah, this will definitely entice out of state residents to move to the Communist state of VA
.Virginia is going to have to change their state slogan to:
"Roll through a stop sign in the Virginia and we'll bend you over wearing a sandpaper condom."
Last edited by dutchboy350Z; 06-21-2007 at 08:52 AM.
06-21-2007, 09:44 AM
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Originally Posted by mdracer76
When do we say that the tyrant is the state?
.
Last edited by Kieran@DrivenDynamics; 06-21-2007 at 09:49 AM.
06-21-2007, 10:07 AM
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I'm definitely staying clear of VA. Anyone else think these new laws as well as existing ones (20 mph over the speed limit is reckless driving WTF?) are unreasonable. you can do 95 mph in a 65 mph in MD and if you are in light traffic (3 am sunday) and staying your lane as opposed to weaving all over the place, you just get hit with the 30 mph over ticket and 5 points. No reckless driving charge.
06-21-2007, 10:08 AM
#13
Originally Posted by Kieran@DrivenDynamics
VA was already bad enough, where ya moving to? MD?
06-21-2007, 10:27 AM
#15
Virginia already has a budget surplus from tax revenue - so this statute is a crock of ****. NoVA is by far the strictest area in the country for speeding, and it's obvious that the public is requesting that the police be better allocated to help the community. If their motto is "protect and serve" then they should be spending more time directing community service functions and such rather than cracking down on such a minor violation (NoVA drivers already drive slow enough as is). I love that whenever you have something stolen or are hit, the police don't want to write a police report, but they sure to love to punish those who impose minor infractions.
In other states you can get convicted of murder and face lesser punishment than speeding in VA... I don't miss it at all...
In other states you can get convicted of murder and face lesser punishment than speeding in VA... I don't miss it at all...
06-21-2007, 10:30 AM
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Thats pretty bad!! I might just have to move out of VA....
BUT
It is not as bas as in California....
http://www.msnbc.msn.com/id/19339955/
ARTICLE: (for the lazy people)
RIALTO, Calif. - Charles Hoang winced when the whoosh went out of the tires. Daniel Maldonado took pictures with a digital camera as glass exploded and rained down to the ground.
The cars the teens had so meticulously souped up and tricked out were crushed Wednesday as part of a crackdown on illegal street racing in Southern California.
"That's my heart, my dream," said Hoang, 18, of Chino, who was surrounded by friends as his 1998 Acura Integra was put into a compactor. "That's my girlfriend, the love of my life. The cops can crush my car, but they can't crush my memories."
Authorities destroyed six vehicles Wednesday at an auto graveyard, hoping would-be racers think again after looking at the mashed machines. Illegal street racing is responsible for or suspected in 13 deaths in Southern California since March.
The thrill-seeking, adrenaline-pumping activity is rampant in Riverside and San Bernardino counties east of Los Angeles where rows of tract homes line wide streets that attract racers.
Nearly 1,000 people — drivers and spectators — have been arrested for investigation of street racing activities over the past two years in San Bernardino County alone. Police need a court order to destroy the cars. They must prove that the serial or identification numbers on a vehicle or its parts are removed, altered or destroyed.
Police said they have managed to reduce illegal racing and related fatal collisions, but know the underground hobby still thrives.
"We are making a dent," said Ontario police Cpl. Jeff Higbee. "But it's summertime and ... we expect to see more activity."
350-horsepower engine
Hoang said he was caught late last year racing his prized car, on which he spent at least $10,000 to get into top shape. The 350-horsepower engine topped out at 160 mph, Hoang said, swearing it could beat a Corvette or even a Ferrari.
When police popped open the hood, Hoang said, they found a stolen transmission. Hoang flashed a receipt for the transmission he bought from his father who runs an auto shop and doubted the item was hot.
"Everything on that car was practically brand new," Hoang said as he watched his car get moved to auto death row. "They should take out the stuff that matters, auction it off, and give the money to charity."
Because racers put heavy stress on their vehicles, they often burn out or blow up parts. Higbee said the need for the expensive parts has created a "theft mill" where additional cars — usually Hondas or Acuras — are stolen and stripped of the necessary replacements.
Most of the cars police examine are illegally modified. Sergio Zavala, 18, was pulled over in his 1993 yellow Honda Civic for a broken tail light in December. He had purchased a B-20 Vtech engine with a double-overhead cam a couple months before, and after a police investigation, was told it was stolen.
Zavala, who admits he has been involved in street racing, estimates he and his mother spent about $10,000 on improvements to his car.
'Where all my time and money went'
After watching his Civic demolished, Zavala is left without a car as he plans to attend a fire academy in the fall.
"It's heartbreaking to see this," said Zavala, who graduated from high school last year. "This is where all my time and money went."
Maldonado also said he put plenty of time and effort working on his 1992 black Honda Civic. He was stopped in November by police in what Higbee described as an area where racers gather.
The 18-year-old mechanic said a vehicle identification sticker apparently fell off and without it, police suspected some of the parts were stolen. Maldonado stood several feet away from his car as it was pounded into a heap of metal.
Maldonado said he has taken the advice of police by racing legally on one of several race courses around Southern California. For the money spent in fines and other penalties — on average about $5,000 for illegally modified cars — Higbee said street racers could compete about 250 times a year at a legitimate track.
"If you have to race, take it to a legal venue," Higbee said. "But as long as they keep racing illegally, we keep crushing their cars."
All three men who saw their vehicles destroyed said they believe illegal street racing will continue to prosper across the region.
"It will never go away," Maldonado said. "If it's in your heart, you will continue to do it until you can't anymore."
BUT
It is not as bas as in California....
http://www.msnbc.msn.com/id/19339955/
ARTICLE: (for the lazy people)
RIALTO, Calif. - Charles Hoang winced when the whoosh went out of the tires. Daniel Maldonado took pictures with a digital camera as glass exploded and rained down to the ground.
The cars the teens had so meticulously souped up and tricked out were crushed Wednesday as part of a crackdown on illegal street racing in Southern California.
"That's my heart, my dream," said Hoang, 18, of Chino, who was surrounded by friends as his 1998 Acura Integra was put into a compactor. "That's my girlfriend, the love of my life. The cops can crush my car, but they can't crush my memories."
Authorities destroyed six vehicles Wednesday at an auto graveyard, hoping would-be racers think again after looking at the mashed machines. Illegal street racing is responsible for or suspected in 13 deaths in Southern California since March.
The thrill-seeking, adrenaline-pumping activity is rampant in Riverside and San Bernardino counties east of Los Angeles where rows of tract homes line wide streets that attract racers.
Nearly 1,000 people — drivers and spectators — have been arrested for investigation of street racing activities over the past two years in San Bernardino County alone. Police need a court order to destroy the cars. They must prove that the serial or identification numbers on a vehicle or its parts are removed, altered or destroyed.
Police said they have managed to reduce illegal racing and related fatal collisions, but know the underground hobby still thrives.
"We are making a dent," said Ontario police Cpl. Jeff Higbee. "But it's summertime and ... we expect to see more activity."
350-horsepower engine
Hoang said he was caught late last year racing his prized car, on which he spent at least $10,000 to get into top shape. The 350-horsepower engine topped out at 160 mph, Hoang said, swearing it could beat a Corvette or even a Ferrari.
When police popped open the hood, Hoang said, they found a stolen transmission. Hoang flashed a receipt for the transmission he bought from his father who runs an auto shop and doubted the item was hot.
"Everything on that car was practically brand new," Hoang said as he watched his car get moved to auto death row. "They should take out the stuff that matters, auction it off, and give the money to charity."
Because racers put heavy stress on their vehicles, they often burn out or blow up parts. Higbee said the need for the expensive parts has created a "theft mill" where additional cars — usually Hondas or Acuras — are stolen and stripped of the necessary replacements.
Most of the cars police examine are illegally modified. Sergio Zavala, 18, was pulled over in his 1993 yellow Honda Civic for a broken tail light in December. He had purchased a B-20 Vtech engine with a double-overhead cam a couple months before, and after a police investigation, was told it was stolen.
Zavala, who admits he has been involved in street racing, estimates he and his mother spent about $10,000 on improvements to his car.
'Where all my time and money went'
After watching his Civic demolished, Zavala is left without a car as he plans to attend a fire academy in the fall.
"It's heartbreaking to see this," said Zavala, who graduated from high school last year. "This is where all my time and money went."
Maldonado also said he put plenty of time and effort working on his 1992 black Honda Civic. He was stopped in November by police in what Higbee described as an area where racers gather.
The 18-year-old mechanic said a vehicle identification sticker apparently fell off and without it, police suspected some of the parts were stolen. Maldonado stood several feet away from his car as it was pounded into a heap of metal.
Maldonado said he has taken the advice of police by racing legally on one of several race courses around Southern California. For the money spent in fines and other penalties — on average about $5,000 for illegally modified cars — Higbee said street racers could compete about 250 times a year at a legitimate track.
"If you have to race, take it to a legal venue," Higbee said. "But as long as they keep racing illegally, we keep crushing their cars."
All three men who saw their vehicles destroyed said they believe illegal street racing will continue to prosper across the region.
"It will never go away," Maldonado said. "If it's in your heart, you will continue to do it until you can't anymore."
06-21-2007, 11:40 AM
#18
Originally Posted by arejohn
Move, drive carefully, or pay up- your choice. Rights guaranteed by our constitution.
Society gets all the crime it's willing to tolerate.
Society gets all the crime it's willing to tolerate.
What you really mean to say is "give in, lie down, or bend over"...and it has less than dick to do with constitutional rights to exercise any of those, so I don't know what the hell you're talking about.
06-21-2007, 01:16 PM
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VA never ceases to amaze me.
06-21-2007, 05:24 PM
#20
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
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