clokwork

Awwwwwww shucks you guys. all the hate in your hearts is flattering.

NISMOTO

iTrader: (2)

wow, and damm, and holy hell will I NEVER move to VA!! That's just fokin' insanity!!

shibal_z

This is why I don't do performance mods.

This new law also starts a dangerous precedent in that lawmakers are abusing constituents with extraordinary and unreasonable financial punishments on top of stated traffic fines. If the whole point was to raise money, why not just increase the fines or increase the gast tax? Oh, that wouldn't look too good on the public record right? I can't see how this is any better. It's even more insulting than a straight legit tax. Repubs/Dems, same crap, different side.

Can't we just dump these General Assembly politards into the car crusher instead?

Destro

F*CK mandatory minimums. All that does is tie the judges hands so he has absolutely no control over his own cases. Making these mandatory fines is BS. Why even have a judge then? They should just automatically fine you the money and save everyones time if they are going to do this crap.

Espresso

iTrader: (1)

I hope the politicians who endorsed this new law gets hit real hard next time they're caught speeding. So this means even if you get a reduction for violations although you had to fight it in court, you can still be assess the civil fine since it's out of the court's control? I guess from all that money people are saving from GEICO's VA auto insurance, they had to find a way to take it from you.

Edit: Found the list. http://www.courts.state.va.us/publications/hb_3202.pdf

LEK

someone sticky this.

ResIpsa

This is strange, I have not heard anything about this. And this is something defense attorneys would be talking about.

Also, I did a quick review of the 2007 Legislation Summary and could not find anything.

I dig a little deeper and see what I can find.

LEK

i hope you find that this is a hoax or something. cause man i feel sick just reading about this

ResIpsa

I am getting to the bottom of this. I need some more time to interpret this thing.

I think that article is wrong. You have read a long way into House Bill 3202 before you find the provision dealing with civil fees.

Here it is. Seems to contradict itself. Also, seems to impose retroactive penalties for traffic offenses in the past three years.

The offending new law is:

§ 46.2-206.1. Imposition of certain additional fees on certain drivers; special fund created to support transportation.

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 Commissioner shall impose and collect these civil remedial fees pursuant to this section, which 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 any person to whom a Virginia driver's license, commercial driver's license, or learner's permit has been issued pursuant to this title, any person operating a motor vehicle without a license or whose license has been revoked or suspended, and any person operating a motor vehicle with a license issued by a jurisdiction outside Virginia.

C. In addition to fees set forth in subsection D, any person whose driver’s record with the Department shows a conviction within the past three years of:

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 of $250; 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 of $350; 3. Driving while intoxicated in violation of § 18.2-266, 18.2-266.1, or 46.2-341.24 shall be assessed a fee of $750; 4. Any other misdemeanor conviction for a driving or motor vehicle related violation of Title 18.2 or this title, shall be assessed a fee of $300; 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 of $1,000.

6. For the purposes of this section:

a. A finding of guilty in the case of a juvenile and a conviction under substantially similar laws of any locality, territory, other state, or the United States shall be a conviction.

b. The fees assessed under this subsection shall be implemented in a manner whereby no convictions prior to July 1, 2007, shall be considered.

c. The Commissioner shall assess the fees established under this subsection within 30 days of the conviction being reported to the Department, and on the second and third year anniversary of the conviction being reported to the Department.

D. In addition to any fees set forth in subsection C, any person whose driver's record with the Department shows a balance of four or more driver demerit points on July 15 shall be assessed a fee of $100 plus $75 for each demerit point in excess of four, but not greater than $700.

E. The Department shall assess the fees set forth in subsection D annually, beginning on July 15, 2007.

F. The Department shall notify every person assessed a fee under this section by mailing a notice thereof by first-class mail addressed to such person's most recent address as shown in the Department's records, and such mailing shall constitute notice to the person of the assessment of the fee. If any assessment made under this section remains unpaid 60 days following the date on which the notice of assessment was mailed, the Department shall suspend the driver's license of the person against whom the assessment was imposed. No license shall be reissued or reinstated until all fees assessed have been paid.

G. 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 of the petition or until 30 days after an entry of a final order on such petition, whichever occurs first.

H. Funds collected through the imposition of fees as provided in this section shall be used first for the Department's costs in imposing and collecting such assessments, and any remainder, shall be deposited into the Commonwealth Transportation Capital Projects Fund pursuant to § 58.1-2532.

ResIpsa

The article is definitely wrong about the $1000 penalty for reckless driving. That penalty is reserved for a felony offense. Reckless driving is a class 1 misdemeanor.

clokwork

Those fines are ridiculous. Seems almost uncivil.

shibal_z

The fines are retroactive, but further down, no fees will be assessed to convictions prior to July 1, 2007.

The real kicker is the fines being assessed on a point basis. It says that every driver with 4 points or more on their record by July 15, 2007 will be assessed $100 plus $75 for every point above 4, upto $700.

This needs to be repealed. NO ONE is going to put up with this bullying tactic to steal money from law abiding taxpayers. I would like to call for a petition. Would anyone like to organize some sort of civil protest to this?

g6g35

iTrader: (6)

man this is ****ed up......

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???

clokwork

lol they can^^

Just depends on the offense. you can get a dui with a bmx too heh.