Virginia Introduces $3550 Speeding Ticket

[Logan]

Virginia Introduces $3550 Speeding Ticket

http://www.thenewspaper.com/news/18/1818.asp

Virginia 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. Update: Online petition to repeal ticket tax gathers support.

Source: Civil Remedial Fees (Executive Secretary, Virginia Supreme Court, 6/21/2007)

[ThomPaine]

Government always knows best and they are most qualified to protect you against your self. To do that effectively, they need lots of YOUR money, so essentially you are paying for your own protection, education, etc.

What a great system that is...

Does any one smell a conflict of interest?? All the people who signed onto that bill and the gov'nor should be skull dragged and the lawyer should be dis-barred... ethics class anyone??

[FreeFromContract]

Originally Posted by Logan

Virginia Introduces $3550 Speeding Ticket

http://www.thenewspaper.com/news/18/1818.asp

Virginia 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. Update: Online petition to repeal ticket tax gathers support.

Source: Civil Remedial Fees (Executive Secretary, Virginia Supreme Court, 6/21/2007)

There are certain elements on these forums who have repeatedly posted licensing and enforcement of traffic laws is all about public safety. Seems pretty clear this says otherwise.

All the more reason not to get a license (since there can be no licensing fee or requirement on any right).

.

[fulltitle]

Without Prejudice.
Rolling through New Jersey or New York, if I recall correctly, I saw $10,000 FINE IF YOU HIT A ROAD CONSTRUCTION WORKER type fines.

[FreeFromContract]

Originally Posted by fulltitle

Without Prejudice.
Rolling through New Jersey or New York, if I recall correctly, I saw $10,000 FINE IF YOU HIT A ROAD CONSTRUCTION WORKER type fines.

I wonder how much of that $10,000 goes to the CONSTRUCTION WORKER....

[cdsea10]

can't get a newspaper to publish...
Letter to the Editor:

Will Governor Tim Kaine, David Albo (the sponsor of the law) and the members of the legislature recognize their criminal act upon We the People of Virginia is a Constitutional issue?

They failed in their fiduciary duty, violated their Va. Code 49.1 recorded oath of office to ‘support the Constitution of the United States of America and the Constitution of Virginia’ and have placed their security bonds in jeopardy. Their criminal act is the traffic ‘civil remedial fees’ attached to the transportation bill just passed... a violation under the color of law of the unalienable rights and constitutional protections of We the People of Virginia. There is no escape for them. The probable cause evidence is their “yea” on the passed legislation.


The ‘civil remedial fees’ violates the 13th amendment. The Supreme Court, Bailey v. Alabama, 219 U.S. 219, at page 243, stated: “The act of Congress, nullifying all state laws by which ... to enforce the ‘service or labor of any persons as peons,... necessarily embraces all legislation which seeks to compel the service or labor by making it a crime to refuse or fail to perform it. Such laws would furnish the readiest means of compulsion.” The act of Congress is codified presently in 42 U.S.C. § 1994, Peonage abolished, and 18 U.S.C. § 1581, Peonage; obstructing enforcement; formerly Revised Statutes §§ 1990 and 5526. (See also Clyatt vs US., 197 us 207 (1904) and United States vs Kozminski, 487 us 931 (1988))

The peonage in the “civil remedial fees” is using force for involuntary servitude to compel the specific performance of labor for highway construction in Virginia.

BEWARE OF THE FRUIT OF THE POISONOUS TREE... every State, county or city personal who has an oath and bond.... State troopers, county and city police and judges will be violating their oath and placing their bonds in jeopardy by this unconstitutional legislation. Though legislators (lawyers), they shall not violate the Constitution of the united States of America, the Constitution of Virginia nor their oath while thumbing their noses and saying “Who’s watching?” to We the People of Virginia.

The Supreme Court says different in the following:

“All laws which are repugnant to the Constitution are null and void.”
Marbury v Madison, 5 US 137,176

“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.”
Miranda v Arizona, 384 US 436 (1966)


“There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents, and even judgments.”
U.S. vs. Throckmorton 98, US 61,65 (1878)

"The claim and exercise of a CONSTITUTIONAL RIGHT cannot be converted into a crime" Miller v. U.S, 230 F. 486, 489

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision...
No one is bound to obey an unconstitutional law and no courts are bound to enforce it. Sixteenth American Jurisprudence

No Virginian need agree to conditions that are prohibited by law of the United States of America.

This is the tip of the iceberg in the discussion however not in the extent of the laws violated... 42 United States Code §1983, 18 USC §1018, 18 USC §241, 18 USC §872, and probably more.

[Shoonra]

There is a lively movement in Virginia to undo these "abusive fines"; primarily because they are discriminatory because applied only to drivers with Va-DLs, which, besides seeming unfair, certainly discourages any new residents or business opportunities. If the state started hitting out-of-state drivers with the same kind of fines, Virginia could give up on tourism for the remainder of the century.

[macerico]

As someone who lives upon the land in the Republic of Virginia, I find these new "fees" insulting for basically one reason.

The "fees" were proposed to punish the worst drivers. People driving on revoked licenses, DUI offenders, and such.

When you read what was passed, there were two "catch all" provisions that imposed 1,000 FRNs or more on a multitude of misdemeanor and felony violations. Several of these violations are defined by what an officer says happened (in his/her own judgment....near impossible to refute in court because there are no defined elements of the "crime"). So, if the gestapo want to abuse this law to get more money for road repairs, they could find ways to write tickets against people for harmless violations. More so, they could introduce or elevate many "moving violations" to misdemeanor status so they get the extra 1,000 FRNs.

Such "catch all" provisions are blatant pork that had no business in the bill, and it implies that they know there aren't enough DUIs and people driving on suspended, etc. to come up with the money they wanted.

A special "fee" or fine for someone who does DUI seems reasonable by itself, but when they piggy back draconian provisions, you know something is rotten.

[Bailey]

"Equal protection" clause should be used as well, they are branding Va. people as second class and being punished under different standards. I used know this guy that would you "equal protection" in not paying property tax... he would send off for a list of people that were given extra time to pay their property tax... than when his bill became due he would tell them he wants to be treated like them... I don't know if he ever paid.

[Young Union]

Originally Posted by fulltitle

Without Prejudice.
Rolling through New Jersey or New York, if I recall correctly, I saw $10,000 FINE IF YOU HIT A ROAD CONSTRUCTION WORKER type fines.

I live in Staten Island, I've never seen that before. Maybe just not in my area. I always figured you'd get locked up for hitting anybody on the road. Now a construction worker ='s 10 g's huh? Interesting..