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You gotta help me with HOV question for NoVa


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In planning district 8 are you giving 3 points for your second HOV violation or your third? I'm really confused by this. This is what the law says:

"no driver demerit points shall be assessed for any violation of this section; except that persons convicted of third, fourth, or subsequent violations within five years of a first offense committed in Planning District Eight shall be assessed three demerit points for each such violation."

The DMV manuel says this under the heading "Three Point Violations:" HOV violation, third or subsequent offense--Northern Virginia planning district 8 (3 years)

I ask this because the DMV is telling me that I am getting three points for my second HOV violation and I'm going out of my mind trying to figure this out. I feel like I'm in the Twilight Zone or something. Any help would be greatly appreciated.

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Virginia Code Section 33.1-46.2(B), to which the DMV manual you viewed apparently refers, reads in relevant part:

Any person driving a motor vehicle in a designated HOV lane in violation of this section shall be guilty of a traffic infraction which shall not be a moving violation and on conviction shall be fined $50. However, violations committed within the boundaries of Planning District Eight shall be punishable as follows:

For a first offense, by a fine of $50;

For a second offense within a period of five years from a first offense, by a fine of $200;

For a third offense within a period of five years from a first offense, by a fine of $500; and

For a fourth or subsequent offense within a period of five years from a first offense, by a fine of $1,000.

Upon a conviction under this section, the court shall furnish to the Commissioner of the Department of Motor Vehicles in accordance with §46.2-383 an abstract of the record of such conviction which shall become a part of the person's driving record. Notwithstanding the provisions of §46.2-492, no driver demerit points shall be assessed for any violation of this section; except that persons convicted of third, fourth, or subsequent violations within five years of a first offense committed in Planning District Eight shall be assessed three demerit points for each such violation.

----------------------------------------------

Are you sure this is your second HOV offense and not your third? If the current violation is indeed your second, please note that Virginia law does not appear to provide for the possibility of assessing demerit points upon first or second HOV violations in Planning District Eight or elsewhere, although you do seem to be subject to a $200 fine for your second offense.

You might want to print out the statute and take it with you to your local DMV branch for a discussion about correcting your record. If that doesn't work, you could contact DMV's headquarters in Richmond for assistance.

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maybe you should obey the restrictions? If so you wouldnt have to worry about it.

Well the second one was kind of shady. I had gone to a job interview in Falls Church, where, to my recollection, I have never been in my life. It was about 3 or 4 o'clock in the afternoon when I left. I was worried that I wasn't going to be able to find 66 and I was so relieved when I did I didn't even see the sign that says that it was HOV. So I got onto the ramp to get on 66 and Va State police had set up a freaking roadblock on the ramping and were pulling people over for HOV. During the 5-10 minutes that I was there they must have pulled over 20 people. Honestly, if I had known it was HOV, I wouldn't have gone on there. I still think it's gay though.

I was in the Army for four years and I never really drove around here so that's the reason for my ignorance, if you were wondering.

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Are you sure this is your second HOV offense and not your third? If the current violation is indeed your second, please note that Virginia law does not appear to provide for the possibility of assessing demerit points upon first or second HOV violations in Planning District Eight or elsewhere, although you do seem to be subject to a $200 fine for your second offense.

You might want to print out the statute and take it with you to your local DMV branch for a discussion about correcting your record. If that doesn't work, you could contact DMV's headquarters in Richmond for assistance.

It's my second, I have a letter saying it's my second, and they've told me on the phone that it's my second. I read them the law over the phone and still NOTHING. I want to jump off a bridge or something. It's driving me crazy. They told me to call Fairfax County but Fairfax County isn't the one who issues the points, the DMV is. Also, it's a lock that they are in Richmond or some other hilbilly ass place. I can tell just by the way they talk about Northern Virginia as if it's Belarus or something. They told me that the law is condecending, WTF?, and I'm misreading it that's why I don't understand. Tomorrow I am going to DMV with all of this stuff. It really makes me wonder how many times this has happened to other people and they don't even realize it.

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Well the second one was kind of shady. I had gone to a job interview in Falls Church, where, to my recollection, I have never been in my life. It was about 3 or 4 o'clock in the afternoon when I left. I was worried that I wasn't going to be able to find 66 and I was so relieved when I did I didn't even see the sign that says that it was HOV. So I got onto the ramp to get on 66 and Va State police had set up a freaking roadblock on the ramping and were pulling people over for HOV. During the 5-10 minutes that I was there they must have pulled over 20 people. Honestly, if I had known it was HOV, I wouldn't have gone on there. I still think it's gay though.

Exact same thing happened to me. Exactly.

The trick if you ever find yourself lost and in that situation again.....dont exit until you get to Vienna 123 exit. Outside the beltway, its not HOV, so they dont set up the roadblocks. Not that im advocating you try it again............

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Well the second one was kind of shady. I had gone to a job interview in Falls Church, where, to my recollection, I have never been in my life. It was about 3 or 4 o'clock in the afternoon when I left. I was worried that I wasn't going to be able to find 66 and I was so relieved when I did I didn't even see the sign that says that it was HOV. So I got onto the ramp to get on 66 and Va State police had set up a freaking roadblock on the ramping and were pulling people over for HOV. During the 5-10 minutes that I was there they must have pulled over 20 people. Honestly, if I had known it was HOV, I wouldn't have gone on there. I still think it's gay though.

I was in the Army for four years and I never really drove around here so that's the reason for my ignorance, if you were wondering.

If I were you I would contact Dr. Gridlock at the washington post. He does online chats and such. He might be able to help.

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