New Laws take Effect in the Commonwealth of Virginia

A post by "Stacks " To see more posts click here

Although not enforced, all cell phone usage while operating an automobile is prohibited in Washington D.C. and has been for sometime. Unlike Virginia, calling and texting while driving is a primary offense meaning the law can pull you over simply because it was determined that you were using your phone while driving.

Be advised that texting while driving recently became illegal in Virginia (effective July 1, 2009); are you aware of the other changes that went into effect recently?

As ignorance of the law is not a valid defense against criminal prosecution, I believe that it is our duty as members of the citizenry to be knowledgeable of the laws that govern of our society.  This will of course help to keep us law-abiding citizens but it will also protect us when those that are supposed to enforce the law attempt to exert more power than they are legally afforded.

I personally have been able to protect myself in numerous situations because my knowledge of the laws in question was (at the very least) equal to that of the officers. Because of this, their attempts to intimidate and confuse me into surrendering my rights were not successful.  This is by no means a comprehensive list, but hopefully it is enough to make you aware of some of the new laws and changes to existing laws.  (NOTE:  Maryland had a new proof of lawful presence law take effect on June 1st, but no new laws were scheduled to take effect on July 1):

Virginia

• No texting while driving – Those caught either sending or receiving text messages while driving are subject to a $20 fine for the first offense and $50 for each additional offense.  This is a secondary offense meaning that you can only be fined if you are pulled over for another offense (such as driving erratically because you’re texting).  Now I’m not entirely sure about how they are going to enforce this, but I am guessing that officers may ask to see your phone in order to see when messages were sent or received.  (If anyone out there is a lawyer and can provide information as to whether refusing to hand over your phone would result in additional charges, please let us know so that we can pass on the information)
• Drunk driving – These 2 laws went into effect to crack down on repeat offenders.  Anyone convicted of drunk driving twice, within a 10-year period, will now be required to use an interlock device on their vehicle.  The second law increases the penalties for driving a vehicle without the device if you have been sentenced to use one.
• Property owners responsible for graffiti cleanup – Localities can now charge business owners for the cost of removing graffiti drawn on private buildings.  If the cleanup is not paid, the locality can now place a lein on the property in order to recoup the costs.
• Crackdown on truancy – High school students (under 18) who accrue 10 unexcused absences from school can now have their driver’s license revoked by a judge (for any amount of time, up until they turn 18).  Continuing to drive on a revoked license could face a Class 1 misdemeanor charge of up to a year in jail and a $2,500 fine.
• Political paraphernalia at the polls – In the past, voters wearing a t-shirt or a pin to the polls could be turned away from voting due to a law that prohibited political paraphernalia within a certain distance of the polling place.  This law has been changed and beginning with the November general election you can now wear items supporting your candidate or party.
• Moped use – It is now officially illegal for mopeds to travel on interstate highways in Virginia.  Violating the law will result in a $50 fine.
• Hanging a noose – Hanging a noose with the intent of intimidating any person or group of persons is now a Class-6 felony and the penalties have also been increased.  If convicted, an offender of this law now faces up to 5 years in jail and $2,500 in fines.

Additionally, some other states had new laws go into effect as well so if you travel a lot or have family in these states, these may be of interest to you as well:

• New Mexico has abolished the death penalty (replacing it with life without parole).
• California has banned soda along with foods containing trans fats from school’ cafeterias.
• Florida (who leads the nation in the illicit sale of addictive prescription drugs) has now joined 38 other states in implementing an electronic tracking system in an attempt to cut down on the trafficking of these narcotics.  And in a move that I applaud, they have also relaxed there zero-tolerance policy in the schools (meaning that children will no longer need to fear expulsion if their parent accidentally packs a plastic butter knife in their lunchbox).
• Utah, in an attempt to increase tourism (and maybe also to enter the 21st century), has actually relaxed their alcohol restrictions.  In the past, the state considered bars to be private clubs and in order for a patron to get a beer, they would have to fill out an application and pay a fee (or be a guest of a member).  Now, you can actually just go in their and order a beer like you can in every other state.
• South Dakota workplaces (including restaurants and bars) are now smoke-free, making it the 25th state to do so (Virginia’s partial smoking ban goes into effect on Dec. 1st).  They also passed a law making government records more open.
• In Ohio, truck drivers are now allowed to go the same speed as cars (65 mph) on interstates.  Previously they could not exceed 55 mph, but the belief that having all of the vehicles traveling at the same speed would actually be safer, finally won out.
• Alabama now allows women diagnosed with breast or cervical cancer to be eligible to have the treatment covered by Medicaid.
• Minnesota has gotten rid of the mandatory 24-48 hr. waiting period before searching for a missing adult.  The reason for the waiting period in the past was because an adult can choose to go away without telling anyone.  After 19-yr old Brandon Swanson disappeared after running his car off the road last May, they felt the need to relax this restriction in order to allow police to begin searching earlier.
• Vermont now allows prosecutors to elect to handle teenage “sexting” cases through the juvenile courts so that if a minor is convicted, they are not forced to have a child pornography conviction on their adult record.

I mentioned before that this is just a partial list, but if anyone out there knows of any other recent laws to take effect (VA, MD, DC, or otherwise) that would be worth mentioning, please feel free to leave it in the comments.  If you are ever unsure as to whether something you are about to do is legal or not (as I often am), Virginia, and Maryland both have searchable databases of their state’s code and DC, while not quite as user-friendly as the other two, has one as well.

Stay informed, stay safe, and stay out of jail,

udothedishes…