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Sign Petition Re: VA Civil Remedial Fees

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thorpesa View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote thorpesa Quote  Post ReplyReply Direct Link To This Post Topic: Sign Petition Re: VA Civil Remedial Fees
    Posted: 26 Jun 2007 at 6:34pm
By now all of you should have seen the article in the Washington Post about the new Civil Remedial Fees for VA. Sign the petition on the website noted below to repeal the fees - if it wasn't only going to effect VA drivers I wouldn't even be putting this on here. So, no comments about how it is supposedly going to make roads safer in VA.

Sign the petition: http://www.ipetitions.com/petition/VAtrafficfees/index.html
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Oosik Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2007 at 8:44am
Perhaps the most likely offense to get you with these fees is reckless driving which often comes along with driving at high speeds. Frankly, I am not so opposed to having others pay for their misconduct on the road. The real question is whether some innocent guy like myself might get caught up in the fundraising scheme.

Here is the website with more info on the fees: http://www.courts.state.va.us/publications/hb_3202.pdf

§ 46.2-206.1 (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 convictions for a driving or motor vehicle-related offense under Title 18.2
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sluDgE Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2007 at 8:49am
[?] Why are the fees only applicable to Virginia drivers? [?]

Is there some federal law/regulation that precludes the fees from also being levied on out-of-staters? (From my experience, it seems the worst reckless driving offenders, at least on the Interstates, are drivers with plates on their cars from states north of Virginia.) Can't Virginia allow "equal opportunity" on this and let reckless and dangerous out-of-state drivers contribute, too?

What gives?
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IH8TRAFFIC View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote IH8TRAFFIC Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2007 at 9:02am
I just read this morning in the newspapers that they hand out at the metro stations about the fees. Not only is it applicable only to VA drivers BUT you have to pay the fee for 3 YEARS. IT'S NOT A ONE TIME FEE FOR THAT YEAR. SO, IF THE FEE IS $1,000 THEN YOU HAVE TO PAY $1,000 EACH YEAR FOR 3 YEARS!!!!! WHAT KIND OF CRAP IS THAT!!! GUESS THEY NEED MONEY DESPARATELY FOR THE TRANSPORTATION FUNDING BILL!!!
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Bob View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bob Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2007 at 9:28am
Sludge

What I heard is that they anticipate lawsuits relating to the fact that it only applies to Va drivers. So to get around it, they are calling it something like a reckless driver surcharge on the auto registration. Since only Va drivers have to get registered, they get around it with the loophole. It must have something to do with their anticipating legal challenges if they make it apply to out of staters.
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DC2RV View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote DC2RV Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2007 at 12:10pm
The fee is PAYABLE over 3 years.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote IH8TRAFFIC Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2007 at 1:37pm
DC2RV,

I read the HOUSE BILL 3202/CHAPTER 896 CIVIL REMEDIAL FEES from the link on the first posting in this thread. It says these fines are an annual payment for 3 years not payable over 3 years.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote IH8TRAFFIC Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2007 at 1:40pm
DC2RV,

Here is an example pulled from the House Bill:

"Driving on a suspended license: $250 to the court upon conviction, with two additional payments of $250 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction."

This is a fee of $250 each year for 3 years. If you see it differently somewhere in the bill let me know.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote DC2RV Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jun 2007 at 7:58pm
Apologies, fees are payable in 3 installments (not years). Per the 2nd link fees are assessed and payable at conviction, 14 months, and 26 months. (as has been pointed out)

Regardless of interpretation, the fee is set and payable over time.

It's not like "ok, dude, you gotta pay $500 today. Oh yeah, and btw - we're gonna make you pay in 14 months and in 26 months again. So take that!"

It's more like "ok dude, you gotta pay $1500. On the bright side, you only gotta pay $500 today, $500 in 14 months, and the last $500 in 26 months."

See the difference? Bottom line - we're saying the same thing. It's just interpretation...



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Post Options Post Options   Thanks (0) Thanks(0)   Quote sadiemae Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jun 2007 at 8:22pm
These fees are only to bail VDOT out of debt & completely unconstitutional since they only apply to Va drivers. This is going to seriously effect the working class who are just getting by as it is. I signed the petition & so should everyone else.
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