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Name: Magnum, J.D.
Location: Virginia Beach, VA
Name: John
Location: Gainesville, FL
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What's the Point of Hunting Anyway?

The question in the title of this post is one that I've heard numerous times-- on news magazine programs, television shows and even from some of my classmates.  I've always had plenty of reasons to support a person right to hunt animals, but none of those reasons seems to be good enough for your staunchest animal rights people.  Even some people who don't put animals on the same plane with humans sometimes complain about the "cruelty" of hunting.

Well, now I have an answer for those fence-sitters among the anti-hunting crowd.  Hunters for the Hungry is a non-profit organization that operates in Virginia.  Since 1991, over 10.5 million servings of venison have been collected and processed in an effort to feed those less fortunate among us.  Through the voluntary efforts of hunters across the Old Dominion state countless hungry children, homeless people, and elderly Virginians on fixed incomes have been provided meals, free of charge.

There are organizations like this in many states across the country, but until a few days ago, I had no idea that they even existed.  Hopefully, my posting about them here will give at least a couple others notice of the good work that can be done by hunters.  You can visit their website at www.h4hungry.org.
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Possible repeal of abusive driver fees turns into politics as usual

The Daily Press of Newport News has an update on the possibility of repealing Virginia's abusive driver fees.

I suppose I shouldn't be too surprised that this whole issue eventually ended up being used as a campaign issue (at least for the time being).  However, it seems no Virginia politicians have yet answered the question of the law's constitutionality.  Sixty-five million dollars is a lot of money and I guess the General Assembly and Governor Kaine simply aren't willing to hand that money back to the citizens or to the education fund.

I looked at this same article in the print version of the paper, and I seem to remember some mention of the education fund issue.  There's no mention at all in the online version.  Maybe the issue will come to the forefront when the cases that are making that argument are further along in the process. 

Until then, I suppose I'll be one of very few that are talking about it.  Considering my wide readership, the mainstream media should catch on any day now . . . wait . . . what readership?  Oh well.
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Rest for the weary?

Apparently, my last post got through to Virginia lawmakers (OK, not really . . . but at least I can dream).  Some Republican members of the General Assembly will unveil a plan sometime today to change the recent Traffic Tickets of Abominations, a.k.a. the abusive drivers fees.  You can check out the article in the Virginia-Pilot for yourself here.

What's more interesting to me is that we are finally getting some a modicum of honesty on this issue.  Consider this passage:

"The fees are a small part of the $1.1 billion transportation plan adopted this year. They could raise an estimated $65 million for road maintenance . . . Kaine and General Assembly leaders fear that a special session would draw new proposals aimed at changing other parts of this year’s transportation plan, including new regional authorities being established in Hampton Roads and Northern Virginia." (emphasis added)


Ah, there's the rub.  The Governor and the GA realize that they really screwed the pooch on this one, but now they know that in order to fix it they might have to put the whole transportation bill on the line.  God forbid that the legislature go back and make additional spending cuts to an already bloated bill!


I will readily acknowledge that transportation is a problem in many parts of this fine Commonwealth.  Maintaining roads for the public to use is one of the things that government is supposed to do.  However, the answer to that problem is not to make an end run around the Virginia Constitution by labeling something a "fee" when it is really a fine.  Furthermore, creating a system that penalizes careful drivers when they do make a rare slip-up, isn't going to make the roads any safer, as Governor Kaine would have us to believe. 


What's really going on here is that the General Assembly (GOP and Dems alike) doesn't have the intestinal fortitude to raise taxes or cut spending elsewhere.  I just wish our politicians would start calling a spade a spade and be honest with the public.  If the necessary work on our roads and highways can't be done legitimately, then, perhaps, all that work is not worth doing in the first place.


UPDATE:


Apparently, even as I was typing this post, the Virginian-Pilot posted a new story here


"During a news conference, Speaker William Howell, R-Stafford, and Senate Majority Leader Walter Stosch, R-Henrico, said they will introduce legislation this winter that would eliminate the special fees against motorists who fail to report accidents or are cited for driving without a license. . . . Howell and Stosch called for a graduated series of reckless driving fines so that drivers who, for example, traveled 30 miles per hour over the speed limit would receive heavier fines than those cited for going 20 miles an hour over the speed limit. The Republican leaders said they want to make the legislation retroactive. Drivers would be reimbursed for any fines they paid this year that are lowered or abolished next year."


The changes they've proposed seem to be a half-hearted effort at appeasing the public outcry.  They at least pay lip service to the problem of not applying the fines to out-of-state drivers.  However, the proposed changes completely ignore what I see as the main problem with this legislation: the Constitution forbids any funds raised by way of a fine from going to anything other than the education fund. 


Mr. Speaker and Mr. Majority Leader, take out your pocket copy of the Virginia Constitution (ha!) and take a good long look.  Then come back to us with some proposed changes.




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Virginia Residents with a Lead Foot Beware!

On July 1, Virginia implemented its new abusive driver "fees."  Driving with a revoked or suspended license triggers a fee of $750 (paid in three installments).  Reckless or aggressive driving will cost you $1050.  Driving while intoxicated will set you back $2250.  Any felony conviction under the motor vehicle code will cost the offender $3000.  Take a look at Virginia Code section 46.2-206.1 here.

Should felons and drunk drivers be fined for their offenses?  I think that's probably a good idea.  Maybe, just maybe, someone will think twice about trying to drive himself home after a few drinks if he knows that it might cost him an entire paycheck.  So from that angle these fees seem like a good idea.

But what exactly is reckless driving?  Take a look at the statute:

§ 46.2-852. Reckless driving; general rule.


Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.


Seems like that could mean almost anything that the State Police want it to mean.  I suppose that's how it has to be in order to keep the roads safe.  But how is tacking a "fee" of $1050 going to make the roads any safer?  What about aggressive driving?  That offense could include something as simple as following too closely if by doing so that person is a hazard to another person.  See Va. Code s. 46.2-868.1

A few Virginians have already challenged the new law's constitutionality.  Take a look at this story and this one.  I think the arguments based on the federal Constitution probably have some merit.  Can a state treat its own citizens differently than citizens of other states that are simply driving through?  Honestly, it's been a while since I took Constitutional Law and I've suppressed all memories of bar review materials, so I don't know the answer to that question for sure.  It seems like it would have to only pass rational basis review-- not a high hurdle at all.  But that is just a guess at this point.  So, the law is not too likely to be overturned on that ground (I think).

The argument that interested me more was the one based on the Virginia Constitution.  According to Article VIII, section 8, "all fines collected for offenses committed against the Commonwealth" are to be set aside for a perpetual school fund.  The attorneys in the Roanoke case that I cited above made this argument.  The fines might not violate Equal Protection, but they cannot go to pay for the highways.

Technically speaking, the language of the statute defines the new legislation as a fee (hence the quotation marks I used above).  To borrow a phrase from Bill O'Reilly:  I'm not buying it.  These are fines plain and simple and the General Assembly is trying to find a away around the plain language of the Constitution.  Do the honorable members of the legislature and our esteemed Governor Kaine actually expect me to believe that these are simply "fees?"  An abusive driver fee would be to say "It's completely acceptable that you're a dangerous driver.  Just pay the state a little fee an you can go on your way."  Ridiculous!  The politicians in Virginia don't have the gumption to raise taxes (not that I think they should) so they're trying to slip this one by the good citizens of the Commonwealth by labeling a "fine" as a "fee."

The new law is a fine and as far as I'm concerned . . . that's fine.  The "courtesy of the road" is definitely a thing of the past and I, for one, would like to see some of the people that have nearly killed me with their driving punished accordingly.  However (and that's a BIG "however"), if Governor Kaine and the General Assembly want to fix the highways in Virginia they need to find some other way to fund it.  I suggest they start by cutting spending.  Perhaps Governor Kaine could divert some funds from his universal indoctrin . . .  I mean pre-K program.  Nah, that won't happen.
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