new laws in va: VA sucks...
#33
It's funny they really don't want people to drive 55 it causes congestion. If you drive like everyone else and get caught pay with you azz!!.Just like the cop in howard county who was hit by a speader at 4 am . Man it ain't that serious to be writing tickets at 4am come on man give us a break.
#34
Originally Posted by LEK
can anyone say public transportation? man i need to get a bike or something. and no i meant a bicycle. unless they can give you a citation for that too???
#37
Just so the rest of us VA guys know. This thing is happening. Fox 5 just reported the story last night on the 11pm news and it is available on their website as well. This is really gonna suck
See link
http://www.myfoxdc.com/myfox/pages/H...d=1.1.1&sflg=1
Taken from Documents
(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:
See link
http://www.myfoxdc.com/myfox/pages/H...d=1.1.1&sflg=1
Taken from Documents
(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:
Last edited by KlokDeezal; 06-25-2007 at 09:30 AM.
#38
I sent a plea of help to Jalopnik.com an auto blog within the Gawker Media empire. No reply yet.
Can these additional fees be construed as cruel and unusual punishment? Afterall, they are not tacked on as additional fines because such exorbitant fines can be called into question and may be struck down through jury nullification if it gets appealed from district court. Imposing "civil" fees seems like a sneaky underhanded loophole and highly unfair. If anyone knows of a petition or a way to voice our anger at our government representatives, please post. I'm really raging mad at this unfair law and it exists to serve no purpose, but to extort money from a politically marginalized demographic. Bad drivers.
Can these additional fees be construed as cruel and unusual punishment? Afterall, they are not tacked on as additional fines because such exorbitant fines can be called into question and may be struck down through jury nullification if it gets appealed from district court. Imposing "civil" fees seems like a sneaky underhanded loophole and highly unfair. If anyone knows of a petition or a way to voice our anger at our government representatives, please post. I'm really raging mad at this unfair law and it exists to serve no purpose, but to extort money from a politically marginalized demographic. Bad drivers.
#39
However, it doesnt seem to affect Prepayable offenses which most of get anyways (tint, no front plate, etc). It does affect reckless driving, but doesnt mention anything about just regular speeding (below 20 mph).
#40
I heard the new coverage on these civil remedial fees today as well. I wonder why we all the sudden had all this coverage on these fees now since they've been in the works for months and set to be effective next month. Was it kept on the low down so there wouldn't be an uproar? The news mentioned these fees have been in effect for NJ and they were able to raise $100mil. They're looking to do the same here in VA and raising $65mil. That's some serious money but I somehow doubt it will go towards transportation as it was intended for. If roads weren't deadlocked and backed up for miles around here, there would be less roadrage, reckless driving and etc. Besides, who decided it's best to do road construction during rush hour? I somehow feel these fees will hurt your average driver more than the common reckless drivers on the road. Those blazing through traffic never seem to be caught, only those unlucky to be caught in a speed trap tipped off by the reckless person that just dodged into the next lane. Of course as a result of this civil fee, a majority of people will now drive more cautious but for some reason I still think since the stakes are now higher for being caught speeding or reckless driving, there will be an increase in high speed chases in VA. Bystander's personal injuries resulting from these chase would thus be paid out from these fees when the party sues the city. A fund once setup for transportation now is a fund to pay claims. Course, this is what my crystal ball is telling me.
#41
Originally Posted by KlokDeezal
However, it doesnt seem to affect Prepayable offenses which most of get anyways (tint, no front plate, etc). It does affect reckless driving, but doesnt mention anything about just regular speeding (below 20 mph).
The traffic court system was already bad. Now it's pure extortion. It's also a tax on the few with no representation to go along with it. The fees will also hit the minority communities hard. Especially the local hispanics who I repeatedly see get their asses handed to them in traffic court.
#42
Here's a link to the list of all "offenses" that would be applicable to the civil remedial fees. Go to the very end of the doc for the list.
http://www.courts.state.va.us/publications/hb_3202.pdf or Google "Virginia Civil Remedial Fees" and look at the House Bill 3202 HTML version.
It would seem that most of these only apply to misdemeanor and felony charges. From what it looks like, the typical speeding ticket and even "Improper Driving (46.2-869) ", which is what the Reckless driving charge is usually reduced to, does not impose a fine.
It will probably only be the "speeding over 80mpg..." and "speeding 20mph+ over the limit..." that applies to the G35 group.
As stated, the purpose of the bill is: "to generate revenue from drivers whose proven dangerous driving behavior places significant financial burderns upon the Commonwealth."
--cSc
http://www.courts.state.va.us/publications/hb_3202.pdf or Google "Virginia Civil Remedial Fees" and look at the House Bill 3202 HTML version.
It would seem that most of these only apply to misdemeanor and felony charges. From what it looks like, the typical speeding ticket and even "Improper Driving (46.2-869) ", which is what the Reckless driving charge is usually reduced to, does not impose a fine.
It will probably only be the "speeding over 80mpg..." and "speeding 20mph+ over the limit..." that applies to the G35 group.
As stated, the purpose of the bill is: "to generate revenue from drivers whose proven dangerous driving behavior places significant financial burderns upon the Commonwealth."
--cSc