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State Directory- Criminal DefenseVirginia. Overweight violations exist in a gray area between civil and criminal law. Technically an overweight violation under Virginia Code §§ 46.2-1124, 46.2-1125, 46.2-1126, 46.2-1139 is considered a civil matter. Most police officers will issue a citation to the trucking company. A civil penalty will be assessed under§ 46.2-1131 and a liquidated damage penalty under §46.2-1135.
- DUI/DWIDOT said that it will furlough nearly 2,000 employees without pay starting today, March 1, temporarily shutting down highway reimbursements to states worth hundreds of millions of dollars, national anti-drunk driving efforts and multimillion dollar construction projects across the country.
- MisdemeanorsFrequently, police officers will issue overweight and oversized citations to the driver and not to the motor carrier. Overweight and oversized violations are class one misdemeanors in Virginia which means that unless a compromise is worked out beforehand, the driver must appear on the hearing date. This places logistical and monetary costs on a motor carrier to route its driver back to Virginia for the hearing in addition to legal fees for the defense.
- Workers CompensationThis legislation authorizes interagency agreements to address worker misclassification. The Department of Workforce Services, the Arkansas Workers' Compensation Commission, and the Department of Labor shall enter into an interagency agreement for the purpose of providing assistance and cooperation in the administration and enforcement of state laws related to the misclassification of employees as independent contractors. The inter-agency agreement under this subchapter shall: (1) provide for the sharing of information to the extent not otherwise prohibited by state or federal law; (2) establish procedures and protocols for the sharing of information to the extent not otherwise prohibited by state or federal law; and (3) provide other assistance or cooperation among the three agencies. Status: On March 3, the bill was introduced and referred to the House Committee on Public Health, Welfare, and Labor. On March 15, the bill was reported favorably out of committee. On March 16, the bill passed the full House and was sent to the Senate Committee on Public Health, Welfare, and Labor.