Bucky
Loquacious
Reged: 05/21/06
Posts: 3971
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Making some of these violations a misdemeanor (a crime) smacks of knee jerk legislation. Failure to signal? Sure - it's annoying, but a misdemeanor?
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ladisney
Loquacious
Reged: 01/12/05
Posts: 3166
Loc: Des Moines, Iowa, USA
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Quote:
Making some of these violations a misdemeanor (a crime) smacks of knee jerk legislation. Failure to signal? Sure - it's annoying, but a misdemeanor?
Sure, it makes it easier to put a tap into the violators wallet.
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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard." -- H.L. Mencken
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bennybmn
Should be Riding
Reged: 01/11/05
Posts: 12689
Loc: Long Island, NY
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I got a ticket for cell phone use yesterday (on SPEAKERphone no less). Good thing I'm not in VA...
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Benny
Black & Silver '02
Too many mods to list
Not enough miles ridden
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77T140V
Learned Hand
Reged: 01/11/05
Posts: 1175
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Quote:
I got a ticket for cell phone use yesterday (on SPEAKERphone no less). Good thing I'm not in VA...
You can talk all you want on a cell phone as long as you're not a "Intermediate license holder" in VA. It's forgetting to turn your lights on during the day when it's raining that's a misdemeanor (now $350).
Strange the above link states the ban in NY is for hand-held only.
Regards,
Tom
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bennybmn
Should be Riding
Reged: 01/11/05
Posts: 12689
Loc: Long Island, NY
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Yes, the law is "hands free only" which I took to mean, don't hold a phone against your head. I figured, since my phone was in front of me and I could still turn, check my blind spot, etc, I was ok. Guess not. The cop was even a little sarcastic with me...
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Benny
Black & Silver '02
Too many mods to list
Not enough miles ridden
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lctrc
Adjunct
Reged: 04/13/07
Posts: 123
Loc: Richmond, VA
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Henrico Judge Suspends Driver Fees
By Bill Turque
Washington Post Staff Writer
Friday, August 3, 2007; B01
A Henrico County judge declared Virginia's abusive-driver fees unconstitutional yesterday, ruling that they violate guarantees of equal protection under the law because they apply only to state residents.
The decision, which suspends collection of the fees only in Henrico, was immediately appealed by commonwealth's attorneys. But it represents the opening round in what is expected to be a barrage of court challenges across the state to the penalties, which range from $750 to $3,000 and are meant to help finance a transportation bill that took effect July 1.
The ruling also sent new tremors through the state's elected leadership, which is facing a fall campaign with voters hopping mad about the measure. More than 160,000 people have signed an online petition calling for the fees to be repealed. Gov. Timothy M. Kaine (D) and House Speaker William J. Howell (R-Stafford) issued statements yesterday saying that they are committed to addressing inequities in the law.
One lawmaker called yesterday for Kaine to drop the appeal and suspend the fees until the General Assembly reconvenes in January to consider an alternative. The appeal is headed to circuit court, where a hearing is scheduled for Tuesday.
(Full text here.)
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'05 SM, Bubs, Freak, 45/TBS/155, NGK Iridiums, Nology Wires & Coils, Progressive 440's & Fork Springs
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lctrc
Adjunct
Reged: 04/13/07
Posts: 123
Loc: Richmond, VA
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2nd Drivers Fee Ruling May Incite More Suits
By Jonathan Mummolo
Washington Post Staff Writer
Sunday, August 5, 2007; C01
A second judge's ruling that Virginia's new "abusive driver" fees are unconstitutional foreshadows what many in the legal community predict will be a statewide tsunami of court challenges against the controversial penalties.
A Richmond General District Court judge, Thomas O. Jones, ruled Friday that the fees violate the 14th Amendment's guarantee of equal protection under the law because they apply only to state residents. His ruling came a day after a Henrico County judge, Archer L. Yeatts III, determined likewise in another case.
Del. David B. Albo (R-Fairfax), a primary backer of the fees, said he has drafted legislation for the 2008 General Assembly that would include out-of-state drivers, even though he believes the current law is constitutional.
"Obviously, two judges disagree with me," said Albo, a lawyer. Albo said he expects scores of similar challenges in coming weeks, echoing the sentiment of court officials and lawyers across the state.
"Any person who's subject to these fees would make the argument," Albo said.
(Full text here.)
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'05 SM, Bubs, Freak, 45/TBS/155, NGK Iridiums, Nology Wires & Coils, Progressive 440's & Fork Springs
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The_Dog33
Fe Butt
Reged: 02/01/07
Posts: 16995
Loc: NE PA USA
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Quote:
Hanging's too good for him, burning's too good for him, he should be torn to itsy bitsy pieces and buried alive!
Someone likes Heavy Metal, Thats one of my fav. parts.
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I learned all I need to know about life by killing smart people and eating their brains.
Eat right ,Exercise ,Stay fit, Die Anyway!
some shots of our bikes
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lylesdo
Learned Hand
Reged: 06/26/06
Posts: 1265
Loc: Warrenton VA
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The legislation's sponsor Del. David Albo (R-Fairfax) happens to be a attorney specializing in criminal traffic violations. Attached is a section from his bio on the firm website. This should say it all...
"Dave Albo has been an attorney trying cases in Virginia's state and federal courts for fifteen years. He is a trial attorney in the true sense of the word. He has tried numerous jury trials, hundreds of bench trials, and too many motions to count! Dave Albo is the co-founder of Albo & Oblon, which is presently one of the fastest growing firms in Northern Virginia. It is a full service law firm, with its largest portion of practice in criminal/traffic litigation and employment law."
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'06 TBA - Black, AI and Snorkel removed, K&N Drop In, Gutted Stock Pipes, 145/42, 2 turns out.
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ladisney
Loquacious
Reged: 01/12/05
Posts: 3166
Loc: Des Moines, Iowa, USA
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Quote:
The legislation's sponsor Del. David Albo (R-Fairfax) happens to be a attorney specializing in criminal traffic violations. Attached is a section from his bio on the firm website. This should say it all...
"Dave Albo has been an attorney trying cases in Virginia's state and federal courts for fifteen years. He is a trial attorney in the true sense of the word. He has tried numerous jury trials, hundreds of bench trials, and too many motions to count! Dave Albo is the co-founder of Albo & Oblon, which is presently one of the fastest growing firms in Northern Virginia. It is a full service law firm, with its largest portion of practice in criminal/traffic litigation and employment law."
Hanging's too good for him, burning's too good for him, he should be torn to itsy bitsy pieces and buried alive!
And the sooner the better 
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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard." -- H.L. Mencken
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