Here is the new law they just passed
Quote from: asshat lawmakers
§ 46.2-206.1. Imposition of certain additional fees on certain drivers.
A. The purpose of the civil remedial fees imposed in this section is to generate revenue from drivers whose proven dangerous driving behavior places significant financial burdens upon the Commonwealth. 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.
B. 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have been issued pursuant to this title; and persons operating motor vehicles without licenses or whose license has been revoked or suspended.
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 conviction 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.
D. For the purposes of subsection C:
1. A finding of guilty in the case of a juvenile and a conviction under a substantially similar valid local ordinance of any locality of the Commonwealth, shall be a conviction.
2. The fees assessed under subsection C shall be implemented in a manner whereby no convictions for offenses committed prior to July 1, 2007, shall be considered.
E. The court shall collect, in full, the first annual payment of the fee imposed under subsection C at the time of conviction and shall order the person assessed a fee to submit the second annual payment to the Department within 14 calendar months of the date of conviction and the third annual payment to the Department within 26 months of the date of conviction. When transmitting conviction information to the Department the court shall also transmit notice that a fee has been imposed under this section and the deadline upon which the second and third annual payments must be submitted to the Department. The court shall order suspension of the driver's license or privilege to drive a motor vehicle in Virginia as provided in § 46.2-395 of any person failing to pay the first annual payment of the fee assessed under subsection C.
F. For all convictions reported to the Department for which fees are established under subsection C, the person assessed the fee shall submit the second annual payment to the Commissioner within 14 calendar months of the date of conviction and the third annual payment within 26 months of the date of conviction. The Commissioner, or his designee, shall establish guidelines, policies, or procedures to notify every person assessed a fee pursuant to subsection C of the second and the third annual payments. If the person fails to make such payment, the Commissioner shall suspend his driver's license or privilege to operate a motor vehicle in Virginia. No license shall be reissued or reinstated until all fees assessed pursuant to this section have been paid and all other reinstatement requirements as provided in this title have been satisfied.
G. In addition to any fees set forth in subsection C, any person whose driver's record with the Department shows a balance of eight or more driver demerit points on July 15 shall be assessed a fee of $100 plus $75 for each demerit point in excess of eight, but not greater than $700, provided that only those demerit points attributable to offenses which occurred on or after July 1, 2007 shall be used to calculate and assess such fees.
H. The Commissioner, or his designee, shall assess the fees set forth in subsection G annually, beginning on July 15, 2007.
I. The Commissioner, or his designee, shall establish guidelines, policies, or procedures to notify every person assessed a fee pursuant to subsection G. If any assessment made under subsection G remains unpaid 60 days following the date on which the notice of assessment was mailed, the Commissioner shall suspend the driver's license or privilege to drive a motor vehicle in Virginia of the person against whom the assessment was imposed. No license shall be reissued or reinstated until all fees assessed pursuant to this section have been paid and all other reinstatement requirements as provided in this title have been satisfied.
J. In the event that a person disputes a conviction on his driver's record based upon identity, if the person presents the Department a certified copy of a petition to a court of competent jurisdiction seeking to vacate an order of such conviction, the Department shall suspend the imposition of the assessment. Such suspension shall be valid for one year from the date of the commencement or until 30 days after an entry of a final order on such petition, whichever occurs first.
K. Funds collected through the imposition of the fees as provided for in this section shall be used to pay the Department's cost in imposing and collecting such assessments as provided in the general appropriation act, and any remainder shall be deposited into the Highway Maintenance and Operating Fund.
I think its time to move to NC......
Mmmm....
What is all that? Care to sum up the 10,000 words of legal to tell us what you mean? ???
Drive stupid-Pay extra money on top of ticket fines that recure for 2 years
Reckless driving
too many points
DUI
And suck
Michigan does the same thing
Thats how all common wealth states are.. The ticket costs ya $15 and the fees total over $150... So your $15 speeding ticket is $165 :2guns:
Actually the way this reads that any misdemeanor traffic violation has an extra civil fee for the state on top of all the other fines/fees assosiated. And if you have 8 or more neg points it is $100 plus 75 for each additional point past 8 as long as they are on your record. so more or less what darb said. I just disagree with it cause i am always being harrased by police when i havn't done anything wrong.....
PS:
and if you get a reckless ticket, its the fine + either 1050 or 3000 dollars fine depending on if its a misdemeanor or a felony.
the max is 3000 and the minimum is 750 for whatever you get......
PPS:
And this only applies to VA residents, yay us.
&&
Get the f@@k outta VA.They busted me doing 60 in a construction zone.The limit was 60,there was no reduce speed signs,and the f@@king construction was 500 feet up a side road.According to the Officer,he could impound my car,have my license revoked for 6 months,and put in jail.He said it's state law,that when there's construction signs or truck entering road signs, that the speed limit is 35mph.Instead of loosing my car and license,I had to drive back to VA,I live in upstate SC,to court.5 hour drive.It was a mandatory court date or I would've been arrested.When I got there I had to see the judge.I explained to him that I did not know the law was 35 mph near construction zones.I went on to tell him that the construction was up a side road about 500 feet.He said didn't mater there was an orange construction sign for my lane.I also ask him if it mattered that I was running the posted limit.No,there was a sign.I never said anything about being innocent or guilty.I did admit that I was running the posted limit.I never asked the judge to drop the ticket.I ask him if I could get the fine reduced.NO!I believe it was to catch those that are ignorant of the shady VA traffic laws,and make money from that.I was fined $280.Unfortunately,I have to travel that section to get to my son's mother's family.There was 74 people,counting myself,with the same court date and time.Some with the same violation.They took us in the front,a police officer walked us out a side door,to cashier to pay our fines(cash only).Then we were walked outside to the parking lot.The door was held for me so much that day,i felt like a southern belle. :laugh: At the same time I felt like the worlds most wanted criminal. :cry:
If there was a sign then they got you. If there wasn't a sign or the sign had been taken/knocked over and you have picture evidence of this than you could have gotten off. As for the 35 speed limit always in a construction zone that one is new to me, they however normally post what the speed limit is changed to if it is changed. Hell if the slowed the main road around here to 35 everytime there was work being done then people would probably shoot each other with road rage.
photo radar has been deemed unconstitutional by the supreme court last month or possibly april, i can't remember the exact date.
Quote from: frankieG on June 29, 2007, 04:47:18 PM
photo radar has been deemed unconstitutional by the supreme court last month or possibly april, i can't remember the exact date.
News to me - couldn't find anything on that.
Regarding the VA laws ... it's civil penalties that are above and beyond the stated fines and fees. They only apply to drivers licensed in VA. That is what makes it different from most states and also violates that whole 14th amendment :)
Worst case - failure to use a turn signal = fines, fees, and $900 civil penalty. Plus, if that puts you up to 8 points, you have to pay an additional $700/yr for 5 years until your points are removed from your record.
So that's potentially $4400 for failure to use a turn signal. Fun eh? Glad I had 0 points till a few weeks ago. Now I have 3 for "failure to obey a highway sign."
&&
Quote from: MrDan on June 29, 2007, 09:59:54 PM
Regarding the VA laws ... it's civil penalties that are above and beyond the stated fines and fees. They only apply to drivers licensed in VA. That is what makes it different from most states and also violates that whole 14th amendment :)
Worst case - failure to use a turn signal = fines, fees, and $900 civil penalty. Plus, if that puts you up to 8 points, you have to pay an additional $700/yr for 5 years until your points are removed from your record.
So that's potentially $4400 for failure to use a turn signal. Fun eh? Glad I had 0 points till a few weeks ago. Now I have 3 for "failure to obey a highway sign."
I know I am glad that i have pos points right now but the new civil fees are ridiculous and do seem a bit wrong to me. As for what you said about the turn signal, thats more than most drivers get for a DUI, just not right.
They have the photo radar thing here. My ex got a ticket and my ex brother in law got a ticket :laugh:
As for as a law that says anytime there is construction that the speed limit is 35 I call bs. They just wanted your money. Most people are not going to look it up in law books and are not going to get a lawyer for a speeding ticket. To bad you don't know who else got the same ticket as you did, could have gotten a class action law suite going.
There's a small town in south Ga. that their only revenue is tickets. How they get you is that there's a 4 lane highway speed limit is 55 come around a corner and it drops to 35. I have never passed that corner and not seen a cop there.
Having worked construction...I'm for harsher penalties in construction zones. People have little regard for human life, I got hit by a car last summer when I was flagging. They don't listen to you, they spit at you, scream at you, beep their horns.
However..when its off hours or the signs aren't up, I don't think it should be such a big deal..
I always mind the legalities of driving but some of the shaZam! they are fining you for makes no sense, like my favorite, if obscene video is visible from outside the car, thats 900 bucks or fail to stop for pedestrians with white cane also 900 bucks. So my question if its not a video does that count or do i not get fined for not stopping for someone with a red cane or no cane at all... :laugh: :laugh: :laugh:
I'm right there with ya pastrami :thumb: :thumb: :thumb: I always slow down when there are people working, just common courtesy. But if it's at night and there are no lights or movement, what's the big deal :dunno_white:
Quote from: natedawg120 on June 29, 2007, 04:19:14 PM
If there was a sign then they got you. If there wasn't a sign or the sign had been taken/knocked over and you have picture evidence of this than you could have gotten off. As for the 35 speed limit always in a construction zone that one is new to me, they however normally post what the speed limit is changed to if it is changed. Hell if the slowed the main road around here to 35 everytime there was work being done then people would probably shoot each other with road rage.
There was an orange construction sign,no sign with a reduced speed.All the sign had on it was constuction zone and then another 60 mph sign.
We have the cameras with radar detection in SC.They must not give tickets for what they take pics of.I'd be in jail.When I worked at the airport and,it was my turn to take the after hours fone calls,I'd have to be at the airport to meet the plane and passengers.I had to drive an hour running the speed limits,40 minutes running 90mph on the interstate.Time is money.
MSN article on VA fines (http://articles.moneycentral.msn.com/Insurance/Advice/VirginiasNewSpeedingTicket.aspx)
NY recently adopted the "Driver Responsibility Act" You can no long plea down speeding tickets to other offenses such as parking on the pavement, etc etc. Officers don't need to be present for your court hearing, and registration fees increase based on how many tickets you've EVER gotten. Not new ones, EVER. They don't have a statute on them so they'll stay with you forever, plus we have fines similar to VA if you have over 6 points you pay $100 plus $75 for every point over 6 to keep your license for 3 years.
Like Moma says:
Driving is a pleasure not a given right
yeah yeah, I know its a gift ftom the state not a right......i still don't like it :laugh: :laugh:
In regards to the supreme court comments about red light cameras I found this article: http://www.thenewspaper.com/news/18/1834.asp
It mentions various state supreme courts' rulings regarding red light cameras.
-James
edit: spelling
Looks like the NC ruling only had to do with where the revenue from the cameras will go, not their legality.
Anytime I hear or read the words "Automated Enforcement" I shudder, and i wonder who in the hell could really think this is a good idea? Does the term "due process" not immediately come to peoples minds here?
How do those point systems work? In Louisiana the cops will write you as many tickets as you'd like. Thankfully Louisiana can barely keep the roads paved, cutting edge law enforcement tech. is a lowwww priority.
-Ash