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Virginia resident drivers beware of 46.2-206.1

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A new code in Virginia is taking effect July 1st and will allow for civil fines in addition to regular court costs and fines for traffic violation. These civil fines can not be reduced by the courts and may add as much as $3,000 to a charge like DUI or Suspended License. It can add $1,000 for lesser violations such as failure to signal a turn.
See attached PDF for a chart of fines and offenses.
 

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That'll cause an uproar. Many folks take traffic laws for granted though. Adding $1K civil to a signaling violation would be excessive, IMO and may not last.

 
Those legislators are shooting themselves in the foot with that one, don't they have to go through another election who do they think would vote for them ???
 
And they were out in force on I81, We counted no less than 35 cars pulled over on Saturday.

Sam
 
Hey Guys just wanted you all to know that I'm back i know its been a very long time and i still have the Avy...im trying to keep it since im about to reenlist and try to payoff the truck as much as possible...i owe 15k on it still....my payments a month are 483 and would LOVE to use that 483 a month on modding my truck..
 
:eek: DUI or Suspended License i cloud see but forgetting to use your turn signal that is a bit much
 
Yeah, it's kind of harsh but then again I always get upset at those people that are in front of me that don't use them or that jump in front of you without using them and you almost end up rearending them.
 
Turn signal fine shouldn't be a problem for AV club members, the signal mirrors are so cool those that don't have them spend time & money for the upgrade.
 
More info on the new law that went into effect July 1st.

From Thenewspaper.com

Virginia Introduces $3550 Speeding Ticket
Virginia legislator introduces new speeding ticket tax that boosts penalties beyond $3550, driving business to his traffic law firm.

Virginia motorists convicted of minor traffic violations will face a new, multi-year tax beginning July 1. Led by state Delegate David B. Albo (R-Springfield), lawmakers slipped a driver responsibility tax into a larger transportation funding bill signed by Governor Tim Kaine (D) in April. Albo, a senior partner in the Albo & Oblon, LLP traffic law firm, can expect to see a significant increase in business as motorists seek to protect their wallet from traffic tickets that come with assessments of up to $3000 in addition to an annual point tax that tops out at $700 a year for as long as the points remain.

"The purpose of the civil remedial fees imposed in this section is to generate revenue," the new law states. (Virginia Code 46.2-206.1)

Driving as little as 15 MPH over the limit on an interstate highway now brings six license demerit points, a fine of up to $2500, up to one year in jail, and a new mandatory $1050 tax. The law also imposes an additional annual fee of up to $100 if a prior conviction leaves the motorist with a balance of eight demerit points, plus $75 for each additional point (up to $700 a year). The conviction in this example remains on the record for five years.

Other six-point convictions include "failing to give a proper signal," "passing a school bus" or "driving with an obstructed view." The same $1050 assessment applies, but the conviction remains on the record for eleven years.

Although the amount of the tax can add up quickly, the law forbids judges from reducing or suspending it in any way. The tax applies only to Virginia residents, so that out-of-state motorists only need to pay the regular ticket amount. Michigan, New Jersey, New York and Texas also impose a somewhat more modest driver responsibility tax which they apply to out-of-state residents.


Source: Civil Remedial Fees (Executive Secretary, Virginia Supreme Court, 6/21/2007

 
For those who wish to contact Delegate David B. Albo R - 42nd District County of Fairfax (part) and let him know how you feel about his Civil Remedial Fees that have been added on to the court costs and fines for traffic violations, he can be reached at:
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1042
Fax: (804) 786-6310
Constituent Viewpoint: (800)-889-0229
Email: DelDAlbo@house.state.va.us
Room Number: 529
Legislative Assistant: Missy Bell/Corry Bliss
Secretary During Session: Deborah Driver
 

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I had heard that there was a petition going around to get it removed.  I could be wrong but it was something that my boss was talking about yesterday.  He got busy and never looked into it that much.  Has anyone heard anything about this petition?
 
Hi Da Beast,
Petion mentioned in this news story.
38,000 have signed so far.? >:D

http://www.wvec.com/news/topstories/stories/wvec_top_071307_driver_fees.6f1a7464.html

A link to the petion is here and it explains the objections to the current code too.

http://www.petitiononline.com/va3202/petition.html
 
I just read an article that explained how the press is hyping this law a bit.  If you read the full text of the law, it doesn't sound that bad.  For instance, driving 15 or 20 mph over the speed limit only results in the huge fine when it it results in someone's death.  Short of that, the felony classification does not apply.  Other violation fines only apply if you are driving on a suspended or revoked license.  It has to be a pretty extreme situation for these fines to kick in.
 
After reading the full legal mumbojumbo, I completely agree with the law.  Essentially, you only take it up the rear if you do something beyond what would be a typical speeding ticket.  This is the states way of slowing people down, and getting them to act more safe on the road.  VA has some of the most aggressive drivers on the road.  This law will hopefully begin to change that.
 
As of right now 148,519 people have signed the petition.

Points to think about from the petition site :

1. The fines inflict a punishment on drivers that is disproportionate to the degree of the offense they committed.
2. The fines are mandatory, and judges are given no discretion in sentencing.
3. The language of the bill states that the purpose is to "generate revenue" and hence the fines have nothing to do with traffic safety.
4. The bill's sponsor, Del. David Albo (R- 42nd District) is a partner in a law firm that specializes in traffic court cases and stands to benefit personally from this legislation. This type of conflict of interest should not be tolerated.
5. The fines in the bill apply ONLY to Virginia residents, hence unfairly creating different penalties for the same traffic offense based solely on residency.
6. In order to generate additional revenue, points for driving offenses remain on the offender's license for up to 11 years. This will unnecessarily increase the offender's insurance rates for a time frame that is incongruent with the degree of the offense.

As a side note the politicians argument that we didn't think out-of -state violators would be easy to collect money from is a weak argument. Virginia has a reciprical agreement with 46 other states to suspend an out-of -state person's driver's license if they fail to pay a fine so why wouldn't that work with these fines too?
 
So far 168,845 people have signed the petition and a Virginia Judge has ruled it Unconstitutional because it doesn't apply to out-of-state drivers. Of course his decision is being appealed.

Story here.
http://content.hamptonroads.com/story.cfm?story=129645&ran=179689&tref=po
 
jackswin said:
(y)? My wife informed me today that those laws are being repealed!? Shame to punish only VA drivers. ?. ?. ?How dumb is that?
well congrats to all of you.. 

ps welcome to the club..  Hope to see you at a GTG soon

Hugz
 
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