Attention Virginia residents: Sucks to be you June 26, 2007, 09:28:51 PM Saw this on another forum. Sweet merciful , how do politicians get away with this kind of shiznit:QuoteVirginia 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.The Virginia Supreme Court provides a full explanation of the new penalties for each traffic infraction in the 34k PDF file at the source link below.Source: Civil Remedial Fees (Executive Secretary, Virginia Supreme Court, 6/21/2007) Quote Selected
Attention Virginia residents: Sucks to be you Reply #1 – June 26, 2007, 11:18:50 PM How the **** is this not cruel and unusual punishment? And how is there not going to be a revolt over this? Yikes. Quote Selected
Attention Virginia residents: Sucks to be you Reply #2 – June 27, 2007, 12:01:49 AM Wow!! That would suck some major ballz! Quote Selected
Attention Virginia residents: Sucks to be you Reply #3 – June 27, 2007, 12:58:26 AM i left virginia beach back in 96 and never looked back.sometimes when im out of state, people ask where im from,, i tell them West Virginia,,,,,not to be confused with Virginia.commonweath (communist) state of virginia. Quote Selected
Attention Virginia residents: Sucks to be you Reply #4 – June 27, 2007, 01:22:49 AM :hick: AHHHHH!!!!. What really bites about traffic laws is that they are originally intended for the safety of the public, because too many people have no real driving skills. That is just plain disgusting. it deserves this Actualy it needs to be set on fire. I would hope that the judicious system throws it out as unconstitutional. Quote Selected
Attention Virginia residents: Sucks to be you Reply #5 – June 27, 2007, 05:50:38 AM Quote from: jcassity;157108i left virginia beach back in 96 and never looked back.sometimes when im out of state, people ask where im from,, i tell them West Virginia,,,,,not to be confused with Virginia.commonweath (communist) state of virginia.I'm pissed now my Mom sold her 4 acres near Williamsburg(WV)... Mostly the laws apply to really stupid stuff, but it will be fairly easy to get tangled up in them if not careful... Here's a Washington post article...By Tom JackmanWashington Post Staff WriterSaturday, June 23, 2007; A01Attention Virginians: The cost of bad driving is about to go up. Way up.Say you are driving 78 mph on the Capital Beltway and a state trooper tickets you for "reckless driving -- speeding 20 mph over." You will probably be fined $200 by the judge. But then you will receive a new, additional $1,050 fine from the Old Dominion, payable in three convenient installments. So convenient that you must pay the first one immediately, at the courthouse.First-time drunk driver? A $300 fine from the judge and a $2,250 fee from the commonwealth.Driving without a license? Maybe a $75 fine. Definitely a $900 fee from Virginia.As part of the plan to fund the annual $1 billion transportation package approved this year, state legislators endorsed a new set of "civil remedial fees" for all misdemeanor and felony traffic violations, such as speeding 20 mph above the limit, reckless driving and, in some cases, driving with faulty brakes. Drivers with points on their licenses -- a speeding ticket usually earns four points -- will be hit for $75 for every point above eight and $100 for having that many points in the first place.The new fees will go into effect July 1, and defense attorneys, prosecutors and judges expect chaos. Court clerks fear having to deal with angry hordes learning about the fees for the first time at the payment window."I think that we will be overwhelmed," said Nancy L. Lake, clerk of the Fairfax County General District Court, which includes the busiest traffic court in the state. "We feel we're going to take a lot of flack."The fees will be imposed only on Virginia residents. All defendants must pay the fines, but the "abuser fees," as Del. David B. Albo (R-Fairfax) calls them, are part of the state licensing fees and cannot be imposed on out-of-state drivers.Standard traffic infractions, such as low-level speeding and running a stop sign, do not carry the fees. The state courts posted the fees and eligible offenses this month.Albo and Del. Thomas D. Rust (R-Fairfax), who co-sponsored the fee legislation, project that $65 million to $120 million will be raised annually to cover costs of snow removal, pothole repair and grass-mowing. Money for Northern Virginia's congested roads had to come from somewhere, they reasoned, and new taxes were not going to fly in the GOP-controlled House of Delegates.The people who will be caught up in the new fees say the first wave of chaos will hit in early August, when the first tickets issued under the new law arrive in courthouses.Traffic court judges fear they will see a huge increase in trials, with defendants unwilling to plead guilty because they know they will face additional fees.Prosecutors say that in addition to possibly handling more trials, judges might suspend fines they usually impose, knowing that a heavier civil fee awaits. The money from fines will go to county governments, which could then face a decline in revenue. Funds from the new fees will go to the state.Defense attorneys say the new fees will unfairly burden the poor because they will not be able to pay them, will lose their licenses and possibly their jobs, and then will face tickets for unlicensed driving, which would lead to jail time.Michael S. Davis, a veteran Fairfax defense attorney, said he plans to file a legal challenge to the fees the first time he encounters them. "If somebody from out of state does not have to pay the same price," Davis said, "I think there's clearly an equal-protection issue" under the U.S. Constitution.Albo said he would agree with that view if the fee were imposed as criminal punishment. "But it's not," he said. "It's a variable registration fee based on the lousiness of your record. We're giving people with good driving records a reduction in their fee. And we can't charge a registration fee on people from New York flying through Virginia."Lead-footed drivers should not hold their breath waiting for the legal challenge. Davis said it would have to plow through the state's administrative process before making it to the courts and would be followed by levels of appeals. It would take years.The fees were included in a larger package passed by the General Assembly to try to address the burgeoning congestion across the state. When Albo and Rust submitted the fee proposals as legislation by themselves in previous years, they were shot down."My job as a delegate is to make people slow down and build some roads," Albo said. "This bill does both."Rust and Albo said New Jersey imposes similar fees to great effect. New Jersey was "pretty convinced it improved safety on the roads," Rust said.New Jersey calls the fees "surcharges" and raises about $130 million from them annually, Cathleen Lewis, state motor vehicle agency spokeswoman, said. The money is not specifically earmarked for transportation and has been collected since 1983. The number of points drivers have accrued has decreased since 1983, Lewis said, but there is no study linking the decrease directly to the surcharges. New Jersey charges all drivers, not just residents.And most of New Jersey's surcharges are much smaller: $100 for driving without a license, compared with $900 in Virginia. But a first conviction for driving while intoxicated in New Jersey brings a $3,000 hit vs. $2,250 in Virginia.In Virginia, the fee can be paid over three years. After the first third is paid at the courthouse, the other two are to be billed by the state Department of Motor Vehicles. DMV officials have not determined how that will work, a spokeswoman said.Faced with the prospect of financially poorer drivers losing their licenses when they cannot pay a fee, judges might start suspending part or all of the original fines, Alexandria Commonwealth's Attorney Randolph S. Sengel said. The result "might be increased transportation funding offset by decreased general fund revenue," he said."For someone who's living near the poverty line, or even making $30,000," said Fairfax public defender Todd G. Petit, fees of $1,000 or more might have "a significant impact," and failure to pay them might lead to losing a license, a job and income. "These appear to be punitive measures that are being hidden in civil fees. If we gave the judges discretion to do what is necessary and proportionate, then we can raise the money without disproportionately affecting the poor."Lawyers said that more defendants will hire lawyers than before, that the lawyers will charge more money because the stakes are higher and that more cases will be appealed to circuit courts."It's basically the Lawyer Full Employment Act," cracked one Fairfax lawyer, who spoke on the condition of anonymity because he stands to benefit from the new law.But, Albo said: "it's basically a voluntary tax. If you don't commit a crime on the streets, or run up a huge amount of points, you don't pay anything. We believe its main effect will be to get people to stop driving like maniacs." Quote Selected
Attention Virginia residents: Sucks to be you Reply #6 – June 27, 2007, 08:54:54 AM [QUOTE speeding 20 mph above the limit, reckless driving and, in some cases, driving with faulty brakes. Drivers with points on their licenses -- a speeding ticket usually earns four points -- will be hit for $75 for every point above eight and $100 for having that many points in the first place.[/QUOTE]Yes, the fines sound harsh, however, the reasons that someone would get one sound reasonable. First of all, why does anyone need to drive 20 mph over the set speed limit?Drunk driving should have heavy fines.Faulty brakes, well, depending on the situation, that could be a huge problem. All of these situations can be avoided by a mature responsible driver. As far as I can see, the only ones who have to worry are those who probably should not be driving in the first place. Besides, if you have 8 points on your license, you probably shouldn't have one.Forgot to say, I don't condone how they got this law to pass, it does seem to make the rich, richer. I'd love to see one of their lawmakers have to pay the same fines if they break the laws too. Quote Selected
Attention Virginia residents: Sucks to be you Reply #7 – June 27, 2007, 09:36:54 AM QuoteLed 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 ticketsThis is the really sick part. The delegate that brought the laws about makes his living fighting traffic fines, while at the same time imposing heavy fines, thus guaranteeing he'll get plenty of business. Can we say "conflict of interest"? Quote Selected
Attention Virginia residents: Sucks to be you Reply #8 – June 27, 2007, 09:43:28 AM Ouch. And I thought the mandatory $100+ court costs here sucked. Quote Selected
Attention Virginia residents: Sucks to be you Reply #9 – June 27, 2007, 10:10:18 AM Quote from: TurboCoupe50;157124....As part of the plan to fund the annual $1 billion transportation package approved this year, state legislators endorsed a new set of "civil remedial fees" ....They mean "As part of a new plan to line the pockets of the lawyers that make up the legislature of the Communist Republic of Virginia"...I'm glad I renounced my citizenship in Va in 1994... Patrick Henry is rolling over in his grave. Quote Selected
Attention Virginia residents: Sucks to be you Reply #10 – June 27, 2007, 11:23:21 AM I think the constatution will tear this apart. In the Bill Of Rights we have...QuoteAmendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. then from Thunder Chickens quote we have...QuoteDriving 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. seems to fall under "excessive fines" I would think. However as LittleAngel points out, don't do the crime and no problem. Quote Selected
Attention Virginia residents: Sucks to be you Reply #11 – June 27, 2007, 12:42:23 PM Oh Virginia. I miss your beach but I do not miss your laws. They suspended my license after I moved back to Alabama for not having insurance on my car. Which is another story. So after the case (over the phone) the judge or whatever says it's cool, no big deal and I go on my merry way. I receive the paperwork stating that everything is kosher. Sweet. A couple days later I get another set of papers stating that everything is NOT kosher (she had a change of heart) and now I have to pay a $500 reinstatement fee on top of some other and of course my license was suspended. Which could not of come at a better time as I was just laid off and my AL license expired. Going back and forth between AL and VA to get everything sorted out was an f-ing nightmare. It was pretty much my fault, but I just needed to vent. :DAnd doing +15mph in VA is not that hard. Especially when the highway speed limit is 55 around Norfolk/VAB/Cheasepeake area. Drunk driving on the other hand... no sympathy. Quote Selected
Attention Virginia residents: Sucks to be you Reply #12 – June 27, 2007, 12:50:41 PM Quote from: Ether947;157158Oh Virginia. I miss your beach ....Nah, Outer Banks is better and always has been. :) I'm just wondering how you managed to make it to 55 mph in the gridlock known as "Norfolk/VAB/Cheasepeake area"? Mostly one sits in traffic even on 64. Been that way for twenty years and I suspect will be for at east 20 more even with this "revenue generation" thing if it sticks. The money will go where it always has, in Richmond in the lawyers pockets and if any actually makes it to the construction of a real road it'll be in Northern Va. Quote Selected
Attention Virginia residents: Sucks to be you Reply #13 – June 27, 2007, 04:51:33 PM Quote from: doodaa;157160I'm just wondering how you managed to make it to 55 mph in the gridlock known as "Norfolk/VAB/Cheasepeake area"? Mostly one sits in traffic even on 64. Been that way for twenty years When it's moving it's going 70-75 easy... I've sprinted to highly illegal speeds in the Lightning a couple times, just to get in line for the next exit... Guess I'll have to stop that...:hick: BTW I live less than two miles from the I-64 & I-464 interchange, so I'm on it regularly...BTW #2.. AFAIK, unless it's changing, reckless driving is 20 MPH over the posted limit, not 15... Quote Selected
Attention Virginia residents: Sucks to be you Reply #14 – June 27, 2007, 04:55:04 PM There has to be an Ohio I Love You song..... Quote Selected
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