Posted on 06/27/2007 11:35:12 AM PDT by bad company
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.
That’s my experience. If you wanna be an insane ass on the road and draw attention to yourself that’s your perogative, but don’t denigrate those of us who just want to get from point A to point B without causing any excitement for anyone else. Try to exercise some sanity on the road. Just because everyone else is doing 10-15 over doesn’t mean I have to.
Look, if someone can demonstrate a market-based solution that adequately causes the law-breakers to internalize the externalities that are current being borne by society, I’ll gladly listen and admit it is a better solution than what is proposed here.
Otherwise, it doesn’t seem like anyone really has a response other than to stamp their feet and say “it’s not fair,” as if you have a right to drive around like a lunatic.
Next time ... I'll just have to drive completely around the state of Virginia.
“(I noticed that you didn’t throw out any ideas)”
Read my post again, there are quite a few ideas there - granted they aren’t my own, having as their basis the ideas of the founding fathers.
There is no market-based solution to externalities like government tyranny as manifested by legislation such as this. Again, it’s not about speeders, it’s about taxation and big government.
No, it is not a fair response, it’s ignorance. A capitalist that doesn’t see this will not have his capital, or his freedom for long.
“I drive aggressivly but also defensively like NOT allowing a small car to make me pull off to the rough side of the road when I am fully loaded just to let them pass”
What do you mean by “the rough side of the road”? The right-hand lane on a multi-lane road? Do you hog the left-hand, ie passing lane?
Also, if you actually believe what you wrote, I can’t help but wonder why you’d bother buying a new Corvette, other than maybe just to style around in. It certainly won’t be terribly interesting to drive around in keeping under the speed limit.
>If you obey the freakin’ traffic laws, you’ve got nothing to worry about.<
P8riot, I am not driving a hot rod on interstate 81. That said, here is an example of Virginia idiocy:
46.2-855 RD - VIEW OBSTRUCTED - MISDEMEANOR (C)2 $350 Misdemeanor 1 - Define “obstructed”
My dealership no longer will put a tiny oil change reminder in the upper left corner of my windshield because of that jack@$$ rule stated above. I’m paranoid to put my GPS on my windshield, so it’s in my front seat. Which is more dangerous, having it where it’s designed to be, or me having to look down to follow directions in an unfamiliar place?
Come on. I don’t want to break the law, but these overfed Republicans we’ve got in power have GOT to be reined in.
Traffic enforcement is by nature arbitrary, so severe punishment for simple violations become themselves arbitrary.
These laws need flexibility or better scaling so that the casual or circumstantial offender does not pay the same as a severe offender, or someone who has caused actual harm.
Your dealer is overreacting.
On the subject of reigning in government, I wholeheartedly agree.
Thank you for posting that code!
Ok, the dealer is overreacting, but I’m right about my GPS:
“It shall be unlawful for any person to drive a motor vehicle on a highway in the Commonwealth with any object or objects, other than a rear view mirror, sun visor, or other equipment of the motor vehicle approved by the Superintendent, suspended from any part of the motor vehicle in such a manner as to obstruct the driver’s clear view of the highway through the windshield,”
So, I’m stuck using it on the passenger seat.
I read a local article stating that there is a “payment program”, 3 years to pay in (not so) easy installments.
Ever driven on I-64 crossing from West Virginia into Virginia? Not much traffic there at all. The speed limit goes from 70 to 65 so you can easily be doing 15 mph over the speed limit and not be harming a soul.
I think the feature that is being confused is that a lot of this penalty is not levied as a straight-up fine but as increased registration fees. IF I understand it correctly (which is always dubious in the best of circumstances) you get socked purty good in court, not for simple speeding but for reckless or a couple or more of combined violations, but then when you buy next year's sticker's for your license plate you pay a raised fee.
This would explain why non-residents don't get hit this way. It WOULDN'T explain what happens if you don't own the car - or if somebody borrows your car and speeds in it.
It may be relevant to point out that the judge I know the best, having often bailiffed in his court, never finds somebody guilty of reckless if ALL they were doing was driving above 80 or more than 20 MPOH above the limit. He would just sock them for speeding. TO get reckless you'd have to (a)meet the definition (to wit: above 80 or more than 20 above the limit) AND be doing something else.
Just for yucks: One day a cop testifies that he was taking pictures on the south bound side of a divided but not limited access road, after dark -- on the southern side of the county. Suddenly his radar starts warbling, but he sees nothing. Radar is reading 90 and a shape whizzes buy him in the dark.
He pursues and pulls over a van doing 90 with lights out and a crazes front window. The drunk inside, upon being asked why he's driving so fast, says he's just trying to get home in a hurry, 'cause he knows he's had too much to drink.
So where's home? A small place in the county north of ours.
That guy went to jail.
Thank you! Forgiven. We all have our moments.
I haven’t been able to read the whole thread so forgive if somebody has already pointed this out, but this article is just wrong. Fines ARE going way up, but the biggest speeding fine is for reckless driving, which is 20 mph over the speed limit, not 15. And the fine is $1,050, not $3,550. Drunk driving, however, is up around $3,500.
If so, then it could also be considered a gun grab.
I wouldn't put it past Kaine that this is an end result.
Ooopha. Welcome to the southern most point of the Northeast.
There is no way I would drive faster than the speed limit there.
I think....
Officer: Do you know why I pulled you over?
Daffy: No, sir.
Officer: Do you know how fast you were going?
Daffy: No, sir.
Officer: 81mph
Daffy: [silence]
Officer: I have to cite anyone traveling over 80 mph ...if you were going 80, I wouldn't have stopped you.
Daffy: And how did you determine my speed sir? [Knowing full well my illegal-in-Virginia K40 system did not give me any warning]
Officer: I clocked you on my speedometer
Daffy: And how accurate is your speedometer, sir?
Officer: It's precise to 1 mph+-
Daffy: Oh really?
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