WILKERSON CALLS ON SENATOR RUFF TO REPEAL HB 3202

Clarksville Mayor Bob Wilkerson, who is challenging State Senator Frank
Ruff for his seat in the 15th Senatorial District, yesterday issued  a
statement calling for Ruff to work to repeal the abusive driver fines
recently enacted by the General Assembly and the Governor.
In his press release Wilkerson said, "The 'abusive driver' fines (HB
3202) passed by the Virginia General Assembly were not intended to stop
bad driving, they were passed to raise revenue for roads.  It is wrong
to ask our Virginia Police Officers to ticket and summons our way to
pay for transportation needs.  To make matters worse, the new fees are
only applicable to Virginia drivers — out of staters are exempt.  It's
a bad law and should be repealed immediately.  Senator Ruff supported
the fees and voted for the bill.  He has admitted to some shortcomings
of the law but refuses to repeal or even fix it.
"The bill includes fines and fees ranging from $250 to $1000 annually,
meaning that you would pay them more than once.  Senator Ruff and the
Republican leadership would have the public believe that the fees are
for bad drivers when, in fact, this is not always the case.  The bill
contains 117 mandatory fines (list attached) and includes "Improperly
operating or riding a bicycle," and "operating a motor vehicle with
below standard tires."  Virginians cannot afford these fines and fees —
which are thinly veiled tax increases.  Also, it is shameful to charge
our law enforcement officers to enforce these laws to collect money for
roads.
"Today I am calling on Senator Ruff, the Governor, and the Republican
Leadership to immediately repeal the "so-called abusive driver fines"
HB 3202.  Over 159,000 Virginians have signed a petition to repeal the
law.  I agree with them and if elected to the Virginia Senate I will
fight to repeal this bill."

HB3202 FINES

$250

Driving after license suspended/revoked or in violation of terms of
restricted license, based upon 18.2-272 (see statute for applicable
reasons for suspension).
Driving when license revoked or suspended.
Driving on suspended or revoked license before providing required proof
of financial responsibility.
Driving a commercial motor vehicle while disqualified, when privilege
to drive a commercial motor vehicle has been suspended or revoked, or
when ordered out of service.
Misdemeanor driving when license revoked for multiple DUI offenses or
in violation of terms of restricted license issued after multiple DUI
offenses.


$300
Unauthorized use of motor vehicle - misdemeanor (value of vehicle $200
or less).
Enter or set in motion vehicle without owner's consent with intent to
commit crime.
Refusal to take a blood or breath test, 2nd offense.
Refusal to take a blood or breath test, 3rd offense.
Consuming alcoholic beverage while driving.
Driving motor vehicle without license.
Knowingly authorizing a person whose license has been suspended for
alcohol/ drug-related reason to drive motor vehicle.
Driving without required license endorsement(s) for motorcycle, school
bus or commercial motor vehicle.
Driving in violation of restrictions on license with respect to the
type of, or special mechanical control devices required on, a motor
vehicle, or any other restrictions applicable to the licensee as the
department may determine.
Driving in violation of learner's permit restrictions.
Operating school bus without required license.
Driving commercial motor vehicle - more than one operator's license.
Driving commercial motor vehicle without a valid commercial driver's
license or in violation of license restrictions or limitations.
Violating commercial driver's instruction permit.
Operating commercial motor vehicle without required endorsement(s).
Using a commercial motor vehicle in commission of a felony involving
manufacturing, distributing or dispensing a controlled substance.
Illegal use of a driver's license - displaying or possessing
fictitious, cancelled, revoked, suspended, or altered driver's license;
lending or knowingly permitting the use of one's license by person not
entitled thereto; displaying or representing as own a driver's license
not issued to person; reproducing driver's license, permit, or special
identification card issued by the department with the intent to commit
an illegal act; and failing or refusing to surrender suspended,
cancelled, or revoked driverís license.
Authorizing or knowingly permitting a motor vehicle owned or under
one's control to be driven by a person who has no right to drive.
Misdemeanor operating a motor vehicle after being determined or
adjudicated to be an habitual offender.
Failing to notify law enforcement officer of an accident resulting in
injury or death.
Operating vehicle which is overweight or before payment of required
registration fee, or refusal to have vehicle weighed.
Operating or permitting the operation of an uninsured motor vehicle.
Hauling prohibited cargo through tunnel.
Disregarding police signal to stop; eluding or attempting to elude law
enforcement officer in vehicle - misdemeanor.
Stopping a vehicle to impede travel; blocking access to service area;
damaging vehicle in commerce; threatening, harming or assaulting driver
transporting property for hire.
Reckless driving - passing or overtaking moving emergency vehicle
giving audible signal and with activated warning lights.
Aiding and abetting racing.
Misdemeanor failing to stop at scene of accident. Misdemeanor if
property damage $1,000 or less.
Failing to report accident without injury but with damage to unattended
property or vehicle.
Improperly operating or riding motorcycle
Failing to reduce speed or yield right of way when approaching
stationary emergency vehicle displaying emergency lights.
Failing to stop for pedestrian with guide dog or white cane.
Selling below-standard tires; operating a motor vehicle with
below-standard tires.
Operating vehicle on public highway with obscene video image visible
outside vehicle.
Operating a motor vehicle equipped with operational nitrous oxide
device.
Operating school bus without warning device or without using warning
device.
Operating school bus without safety belt while bus in motion.
Excess weight/height/size/speed on a restricted highway.
Failing to discontinue operating overweight vehicle.
Failing or refusing to drive vehicle to weigh station at direction of
law enforcement officer.
Violating size and weight permit.

$350
Misdemeanor general reckless driving - driving a vehicle recklessly or
at a speed or in a manner so as to endanger the life, limb, or property
of any person.
Misdemeanor reckless driving - operating a vehicle not under proper
control or with inadequate/improperly adjusted brakes.
Misdemeanor reckless driving - passing on crest of hill or curve in
highway.
Misdemeanor reckless driving - driving when vehicle loaded so as to
obstruct view to front or side or to interfere with driver's control of
vehicle.
Misdemeanor reckless driving - passing two vehicles abreast.
Misdemeanor reckless driving - driving two vehicles abreast in same
lane.
Misdemeanor reckless driving - passing at railroad crossing or highway
intersection.
Misdemeanor reckless driving - passing stopped school bus.
Misdemeanor reckless driving - failing to give adequate and timely
signals of intention to turn, partly turn, slow down or stop.
Misdemeanor reckless driving - exceeding a reasonable speed under the
circumstances and traffic conditions existing at the time, regardless
of any posted speed limit.
Misdemeanor reckless driving - speeding 20 mph or more above speed
limit or in excess of 80 mph.


$350

Misdemeanor reckless driving - failing to stop when entering highway.
Misdemeanor reckless driving - operating any motor vehicle at a speed
or in a manner so as to endanger the life, limb, or property of any
person on any driveway or premises of a church, school, recreational
facility, or business property open to the public; or on the premises
of any industrial establishment providing parking space for customers,
patrons, or employees; or on any highway under construction or not yet
open to the public.
Misdemeanor reckless driving - racing.
Aggressive driving; aggressive driving with intent to injure another.

$750
Driving while intoxicated/under the influence, alcohol and/or drugs,
1st offense.
Driving while intoxicated/under the influence, alcohol and/or drugs,
2nd offense.
Person under 21 driving after illegally consuming alcohol.
Driving a commercial motor vehicle with a blood alcohol concentration
of .04 or more.
Driving a commercial motor vehicle with a blood alcohol concentration
of .08 or more, 1st offense.
Driving a commercial motor vehicle with a blood alcohol concentration
of .08 or more, 2nd offense.
Driving a commercial motor vehicle with a blood alcohol concentration
of .08 or more, 3rd offense.
Driving a commercial motor vehicle with specified blood level from
drugs (see statute for specific levels).
Driving a commercial motor vehicle under the influence drugs and/or
alcohol, 1st offense.
Driving a commercial motor vehicle under the influence drugs and/or
alcohol, 2nd offense.
Driving a commercial motor vehicle under the influence drugs and/or
alcohol, 3rd offense.

$1,000

Voluntary manslaughter by motor vehicle.
Involuntary manslaughter by motor vehicle.
Involuntary manslaughter as a result of driving under the influence.
Aggravated involuntary manslaughter as a result of driving under the
influence - showing reckless disregard for human life.
Maiming as a result of driving while intoxicated.
Unauthorized use of motor vehicle - felony (value of vehicle more than
$200).
Driving while intoxicated/under the influence, alcohol and/or drugs,
3rd or subsequent offense.
Felony driving after license suspended/revoked or in violation of terms
of restricted license, based upon 18.2-272 (see statute for applicable
reasons for suspension). Felony if 3rd violation in 10 yrs.
Felony operating a motor vehicle after being determined or adjudicated
to be an habitual offender. Felony if endangering life, limb or
property; second or subsequent offense; or other enhancing conditions
as specified in 46.2-357 (see statute for specific conditions).
Felony driving when revoked for multiple DUI offenses or in violation
of terms of restricted license issued after multiple DUI offenses.
Felony if endangering life, limb or property; second or subsequent
offense; or other enhancing conditions as specified in 46.2-391 (d) (2)
and (3). (see statute for specific conditions.)
Disregarding police signal to stop. Felony if interfering with or
endangering the operation of the law enforcement vehicle or endangering
a person.
Felony general reckless driving - driving a vehicle recklessly or at a
speed or in a manner so as to endanger the life, limb, or property of
any person. Felony if offense (i) committed when driving without a
valid operatorís license due to a suspension or revocation for a moving
violation and (ii) caused the death of another as the sole and
proximate result of the reckless driving.
Felony reckless driving - operating a vehicle not under proper control
or with inadequate/improperly adjusted brakes. Felony if offense (i)
committed when driving without a valid operatorís license due to a
suspension or revocation for a moving violation and (ii) caused the
death of another as the sole and proximate result of the reckless
driving.
Felony reckless driving - passing on crest of hill or curve in highway.
Felony if offense (i) committed when driving without a valid operatorís
license due to a suspension or revocation for a moving violation and
(ii) caused the death of another as the sole and proximate result of
the reckless driving.
Felony reckless driving - driving when vehicle loaded so to obstruct
view to front or side or to interfere with driverís control of vehicle.
Felony if offense (i) committed when driving without a valid operatorís
license due to a suspension or revocation for a moving violation and
(ii) caused the death of another as the sole and proximate result of
the reckless driving.
Felony reckless driving - passing two vehicles abreast. Felony if
offense (i) committed when driving without a valid operatorís license
due to a suspension or revocation for a moving violation and (ii)
caused the death of another as the sole and proximate result of the
reckless driving.
Felony reckless driving - driving two vehicles abreast in same lane.
Felony if offense (i) committed when driving without a valid operatorís
license due to a suspension or revocation for a moving violation and
(ii) caused the death of another as the sole and proximate result of
the reckless driving.
Felony reckless driving - passing at railroad crossing or highway
intersection. Felony if offense (i) committed when driving without a
valid operatorís license due to a suspension or revocation for a moving
violation and (ii) caused the death of another as the sole and
proximate result of the reckless driving.
Felony reckless driving - passing stopped school bus. Felony if offense
(i) committed when driving without a valid operator's license due to a
suspension or revocation for a moving violation and (ii) caused the
death of another as the sole and proximate result of the reckless
driving.
Felony reckless driving - failing to give adequate and timely signals
of intention to turn, partly turn, slow down or stop. Felony if offense
(i) committed when driving without a valid operator's license due to a
suspension or revocation for a moving violation and (ii) caused the
death of another as the sole and proximate result of the reckless
driving.
Felony reckless driving - exceeding a reasonable speed under the
circumstances and traffic conditions existing at the time, regardless
of any posted speed limit. Felony if offense (i) committed when driving
without a valid operator's license due to a suspension or revocation
for a moving violation and (ii) caused the death of another as the sole
and proximate result of the reckless driving.
Felony reckless driving - speeding 20 mph or more above speed limit or
in excess of 80 mph. Felony if offense (i) committed when driving
without a valid operator's license due to a suspension or revocation
for a moving violation and (ii) caused the death of another as the sole
and proximate result of the reckless driving.
Felony reckless driving - failing to stop when entering highway. Felony
if offense (i) committed when driving without a valid operator's
license due to a suspension or revocation for a moving violation and
(ii) caused the death of another as the sole and proximate result of
the reckless driving.
Felony reckless driving - operating any motor vehicle at a speed or in
a manner so as to endanger the life, limb, or property of any person on
any driveway or premises of a church, school, recreational facility, or
business property open to the public; or on the premises of any
industrial establishment providing parking space for customers,
patrons, or employees; or on any highway under construction or not yet
open to the public. Felony if offense (i) committed when driving
without a valid operator's license due to a suspension or revocation
for a moving violation and (ii) caused the death of another as the sole
and proximate result of the reckless driving.
Felony reckless driving - racing. Felony if offense (i) committed when
driving without a valid operator's license due to a suspension or
revocation for a moving violation and (ii) caused the death of another
as the sole and proximate result of the reckless driving.
Felony injuring person or causing death while racing.
Felony failing to stop at scene of accident. Felony if accident
resulted in injury to or death of a person or if property damage
exceeded $1,000.
Operating a vehicle with device designed to create smoke screen or
installing such device.