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Va Driver...new Laws Apparently...

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Old 06-22-2007, 10:14 AM
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Dawn
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Va Driver...new Laws Apparently...

STATE OF VA KINDA SUCKS A LIL BIT..

http://www.courts.state.va.us/publications/hb_3202.pdf

Civil Penalties
Effective July 1 in the wonderful Commonwealth of Virginia, any traffic ticket, with the exception of regular speeding, will carry heavy civil penalties (yes, this is a new charge) in addition to the fine and court costs that you will have to pay.

Here are just a few............
Driving on a suspended or revoked permit - Civil penalty $750.00 + the court cost & fines
Reckless Driving - Civil penalty $1,050.00 + the court cost & fines
DUI - 1st offence - Civil penalty $2,250.00 + the court cost & fines
Failure to give proper signal - Civil penalty $1,050.00 + the court cost & fines
Leaving the scene of an accident - Civil penalty $3,000.00 + the court cost & fines

I mean yea I understand laws are needed but this is a lil to much...seriously do we really need all this.
Old 06-22-2007, 10:19 AM
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do you plan on driving recklessly, drunk or leaving the scene of an accident...i highly doubt it, sounds like they are trying to disincentive people from doing atrocious things on the road. I'm sure nothing will change for ya.
Old 06-22-2007, 10:27 AM
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i actually get pulled alot of stupid stuff...but hardly ever get tickets...

and the point that upsets me is that they are crazy high fines and we havent heard ANYTHING about this til recently and it goes into affect july 1. it comes as a shock to me and just about everyone ive talked to...and apparently it is to cover road work costs...va roads are not that bad...
Old 06-22-2007, 10:44 AM
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YAY For Taxation via Citation!! :-/ VA is a government out of control. I honestly can't understand why citizens EMBRACE that sorta stuff.
Old 06-22-2007, 10:51 AM
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lots of good colleges funded by the state? at least that was one of my friends justifications for establishing residence in VA while at UVA.
Old 06-22-2007, 03:41 PM
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Pay special attention to your speed when you are in Fairfax County. In Virginia, a commonwealth, each County gets to make most of its own laws.

20mph over the limit is a misdemeanor. Shoplifting is a lesser offense. Have or want to get a government security clearance? Form the mouth of those who know, good chance you'll lose your existing one or be denied one because of speeding in Fairfax.

For each 1+mph over 90mph is 1 night in jail. For fun, sit in the Fairfax courtroom at the end of the day and watch the people taken into custody to server some time for speeding. Incredible.

I was in a minivan following cars at 89 in 55 on the beltway(495) where the traffic flows at 70-75mph. I spent 4 $figures$ on a team of 2 lawyers to get it knocked down to just speeding.

Last edited by dbullock; 06-22-2007 at 03:45 PM.
Old 06-22-2007, 03:54 PM
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Also, this is an old law, but anything over 80mph is reckless driving. Even if the Speed limit is 65. A guy I work with right now just got a ticket doing 82 in a 65. Looking at the new fine for reckless driving, he's going to be hurtin'!
Old 06-22-2007, 05:09 PM
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Blame the credit card companies. They know where you are going to get the cash, uh credit!

There are corporate interests behind all nefarious laws...
Old 06-22-2007, 06:10 PM
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Just for those of you who didn't read the whole thing, this part applies to us Military from what I understand.

If you're not a resident, you don't get the "Civil Remedial Fees", Which apparently is a huge fine increase.

Woot for Pa residence.


(5) Virginia residents only. The civil remedial fee is applicable to Virginia
“residents” convicted of these crimes. The law provides that “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.”
Old 06-22-2007, 06:55 PM
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I am glad I am not a VA resident. Anywho, here was my personal favorite.

Failure to give proper signal - Civil penalty $1,050.00 + the court cost & fines

Over a grand for not using your turn signal. They will make a fortune off of that one.
Old 06-22-2007, 08:12 PM
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Originally Posted by citizen
Just for those of you who didn't read the whole thing, this part applies to us Military from what I understand.

If you're not a resident, you don't get the "Civil Remedial Fees", Which apparently is a huge fine increase.

Woot for Pa residence.


(5) Virginia residents only. The civil remedial fee is applicable to Virginia
“residents” convicted of these crimes. The law provides that “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.”
Yeah, but if you've gotten a VA driver's license, your screwed even if you still claim another state. Next time I go back to Ohio, I'm getting a license there.
Old 06-22-2007, 08:47 PM
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Originally Posted by Wilson
I am glad I am not a VA resident. Anywho, here was my personal favorite.

Failure to give proper signal - Civil penalty $1,050.00 + the court cost & fines

Over a grand for not using your turn signal. They will make a fortune off of that one.
Yeah, that is the one that's completely out of whack. I use my signal, but there are times when it's not the end of the world if you don't. There's really no justification for that kind of fine.

What if your signal isn't working and you don't know it? Do you get a fix-it ticket or get slapped with a $1000 fine?
Old 06-22-2007, 10:22 PM
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I think the ones with "RD" in front refer to Reckless Driving with specific offenses listed like "racing" or "failure to give proper signal". You won't get a misdemeanor conviction and a mega-fine just because you forgot your turn signal.

Last edited by G-ReX; 06-22-2007 at 10:28 PM.
Old 06-23-2007, 06:04 AM
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Proud to be a Virginian! Proud to have a clean driving record!

Did I just jinx myself?
Old 06-23-2007, 06:14 AM
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The only harsh laws that were listed I could really agree with are the DUI laws. With as many people that drive drunk out here in Phoenix and the dozens of deaths each year as a result I would be supportive of losing your license for life on the first offense.

Primary reasoning being that DUI offenders will do 2, 3 or 4 times being caught before serious consequences kick in...by then who knows how many have been involved in accidents or killed people.
Old 06-23-2007, 09:43 AM
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big money!! *groan*
Old 06-23-2007, 11:13 AM
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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.
This isn't routine ticket stuff. The definition of "Aggressive Driving" could tag some of us, but more likely, people who **** us off.
§ 46.2-868.1. Aggressive driving; penalties.

A. A person is guilty of aggressive driving if (i) the person violates one or more of the following: § 46.2-802 (Drive on right side of highways), § 46.2-804 (Failure to observe lanes marked for traffic), § 46.2-816 (Following too closely), § 46.2-821 (Vehicles before entering certain highways shall stop or yield right-of-way), § 46.2-833.1 (Evasion of traffic control devices), § 46.2-838 (Passing when overtaking a vehicle), § 46.2-841 (When overtaking vehicle may pass on right), § 46.2-842 (Driver to give way to overtaking vehicle), § 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway), § 46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or § 46.2-888 (Stopping on highways); and (ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.

B. Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program.
Some of the rules about being passed:
§ 46.2-842. Driver to give way to overtaking vehicle.

Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. Any over-width, or slow-moving vehicle as defined by § 46.2-1081 shall be removed from the roadway at the nearest suitable location when necessary to allow traffic to pass.

§ 46.2-842.1. Drivers to give way to certain overtaking vehicles on divided highways.

It shall be unlawful to fail to give way to overtaking traffic when driving a motor vehicle to the left and abreast of another motor vehicle on a divided highway. On audible or light signal, the driver of the overtaken vehicle shall move to the right to allow the overtaking vehicle to pass as soon as the overtaken vehicle can safely do so. A violation of this section shall not be construed as negligence per se in any civil action.
Reckless is pretty simple:
§ 46.2-852. Reckless driving; general rule.

Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
If you get hit with one of these big fines, you pretty much deserve it. I'm just wondering why out-of-staters don't place a "significant financial burden on the Commonwealth".
Old 06-23-2007, 08:43 PM
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This is further fleecing of drivers. Notice how the fines are to be paid conveniently in annual payments. Did someone say "budgetary cash flow"?

DUI 1st offense over $2000? Crazy. Do they really think that this will make a difference to the repeat DUI offenders that get real drunk (BAC 0.14+) and kill people on the public roads? No, instead the govt will get a new stream of income from casual drinkers caught with a barely illegal BAC on a DUI roadblock. I am betting that money will then go to more roadblocks instead of funding roving patrols.

Out of staters probably don't place a significant burden because their total # is less and they are probably less likely to contest the charge and go to court.

Some of you are saying that "well if you do that, you deserve it anyways", but wait until a cop interprets a move of yours as aggressive driving, writes you up a fat ticket, and then good luck contesting that in court (against the word of the officer). Or doesn't see you signal (but you did).

Last edited by Astral; 06-23-2007 at 08:48 PM.
Old 06-23-2007, 10:51 PM
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This isn't new news, I've been reading about it for several months now. Here's a good one for you, the Reckless driving charge will get you that nice fine AND up to 30 days in the pokey. I can see it now, I get pulled for doing 81 MPH on I-64 in the middle of Goochland, and getting 30 days. They do crap like that in that backwards *** county.

A few months ago, I actually went to court with a friend that was afraid he would loose his license. The judge was putting people in jail for doing 85 and following too close(rear ended another vehicle) in Va. Beach. Lucky for my friend, the arresting officer didn't show up. He was charged with doing 88 in a 65, and it was his third reckless in 4 years. I'm sure he would have gotten the orange jump suit if the officer had showed...
Old 06-23-2007, 10:53 PM
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Originally Posted by Astral
This is further fleecing of drivers. Notice how the fines are to be paid conveniently in annual payments. Did someone say "budgetary cash flow"?

DUI 1st offense over $2000? Crazy. Do they really think that this will make a difference to the repeat DUI offenders that get real drunk (BAC 0.14+) and kill people on the public roads? No, instead the govt will get a new stream of income from casual drinkers caught with a barely illegal BAC on a DUI roadblock. I am betting that money will then go to more roadblocks instead of funding roving patrols.

Out of staters probably don't place a significant burden because their total # is less and they are probably less likely to contest the charge and go to court.

Some of you are saying that "well if you do that, you deserve it anyways", but wait until a cop interprets a move of yours as aggressive driving, writes you up a fat ticket, and then good luck contesting that in court (against the word of the officer). Or doesn't see you signal (but you did).
I've actually read in the local paper that this isn't meant to be a deterent to offenders. It is designed and intended to boost revinue to pay for new road projects and other misc, state projects.
Old 06-24-2007, 01:17 AM
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Originally Posted by Droptop13B
I've actually read in the local paper that this isn't meant to be a deterent to offenders. It is designed and intended to boost revinue to pay for new road projects and other misc, state projects.
yeah all the local news reports i've read about this says that basically they ADMIT it is primarily as ways to gain revenue for building/maintaining new roads up here...
Old 06-25-2007, 08:41 AM
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§ 46.2-842. Driver to give way to overtaking vehicle.

Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. Any over-width, or slow-moving vehicle as defined by § 46.2-1081 shall be removed from the roadway at the nearest suitable location when necessary to allow traffic to pass.

§ 46.2-842.1. Drivers to give way to certain overtaking vehicles on divided highways.

It shall be unlawful to fail to give way to overtaking traffic when driving a motor vehicle to the left and abreast of another motor vehicle on a divided highway. On audible or light signal, the driver of the overtaken vehicle shall move to the right to allow the overtaking vehicle to pass as soon as the overtaken vehicle can safely do so. A violation of this section shall not be construed as negligence per se in any civil action.
So basically...we honk and they have to get out of the way. It's the law.
Old 06-25-2007, 09:12 AM
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sounds like the german rule of flash and pass?or this just autobahn rules?
Old 06-25-2007, 10:45 AM
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Originally Posted by dbullock
Pay special attention to your speed when you are in Fairfax County. In Virginia, a commonwealth, each County gets to make most of its own laws.

20mph over the limit is a misdemeanor. Shoplifting is a lesser offense. Have or want to get a government security clearance? Form the mouth of those who know, good chance you'll lose your existing one or be denied one because of speeding in Fairfax.

For each 1+mph over 90mph is 1 night in jail. For fun, sit in the Fairfax courtroom at the end of the day and watch the people taken into custody to server some time for speeding. Incredible.

I was in a minivan following cars at 89 in 55 on the beltway(495) where the traffic flows at 70-75mph. I spent 4 $figures$ on a team of 2 lawyers to get it knocked down to just speeding.
Had a friend who got a ticket there and worked with me at a defense contractor who had a security clearance. He didn't lose his clearance and I can't imagine that happening to anyone unless it was one offense on a long list of previous one.

He was going 85 (which was 20mph over) and got a ~$800 ticket. He got a lawyer whose job was literally 100% spent "defending" people who got these 20mph+ tickets in VA. From what I'm told once he got the lawyer it was completely uneventful. He did everything by phone and simply paid the fine with no questions asked.

This is a huge money-making scheme for VA. The VAST majority of people never end up in jail, never lose their license, never lose security clearances, and never even go to court. This is from the mouth of the guy who has spent the last 30 years doing this every single day.

Everyone knows that VA suckz0rz when it comes to all things automotive. The $1k+ ticket for failure to signal is certainly a new one for me, but I always use my signal cause I'm not a douchebag so it doesn't really make a lot of difference to me.
Old 07-18-2007, 06:01 PM
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Looks like this hasn't been posted yet. Don't know how valid these electronic petitions are, but here's one against the new fines.

http://www.petitiononline.com/va3202/petition.html


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