Va. Courts Brace for Avalanche of “Bad Driver” cases

http://www.washingtonpost.com/wp-dyn/content/article/2007/07/28/AR2007072800608.html

This is not surprising given the results of similar laws in Michigan and New Jersey.  It’s one more unintended consequence of these asinine laws and one more reason why the General Assembly will never collect the amount of money they anticipated from the “civil remedial fees” (and remember, it IS about the money- the legislators have been candid about that).

First Legal Challenge to the “Civil Remedial Fees”

A Henrico County Court is hearing arguments that the fees are unconstitutional-

http://www.nbc4.com/news/13762556/detail.html

Legislators Opposed to Civil Remedial Fees

I started linking to VA state senators and delegates who have expressed opposition to the “Civil Remedial Fees” in the links on the right.  At the moment, it is only a partial list.  If you know of other legislators who oppose the legislation, please let me know.

Help Repeal Virginia’s “Civil Remedial Fees”

Sign the petition at http://www.petitiononline.com/va3202/petition.html.

The “Civil Remedial Fees” were enacted by the Virginia General Assembly and signed into law by Governor Tim Kaine as part of a transportation package known as House Bill 3202. The new law took effect July 1, 2007.

These fees include two parts: first, in addition to existing fines, drivers are assessed egregious fees for certain offenses, payable in 3 installments over a three year period. Some of the fines include:

• $900 for driving on a suspended or expired license
• $1050 for going 2o mph over the speed limit or over 80 mph.
• $900 for driving with an obstructed view

In addition, any driver who has 8 demerit points will be fined $100, plus an additional $75 for each point over 8. Offenses such as the aforementioned speeding carry 6 demerit points, and points remain on a person’s license for 3 to 11 years. This effectively means that if a person accumulates additional points on their license, they could be fined again for an offense dating back as much as 11 years.

The full list of fines can be viewed here: http://www.courts.state.va.us/publications/hb_3202.pdf

Here are the reasons for opposition to these fees:

• The purpose of these fees is to GENERATE REVENUE, not increase traffic safety. Similar laws in Michigan and New Jersey have failed in both regards: traffic safety has not increased, and the laws have not generated the intended amount of revenue
• The fees are excessively high for what are, in many cases, relatively minor driving offenses.
• Any flat fee is regressive in the sense that it puts a higher burden on people at the lower end of the income scale. Evidence from New Jersey shows that these laws have a disparate effect on the poor.
• Article 1 Section 9 of the Constitution of the Commonwealth of Virginia expressly prohibits “excessive fines.”
• The laws apply to Virginia Residents ONLY, which creates different penalties for people based solely on the state of residence. For example, a ticket for going 81 mph on I-95 would cost a VA driver $1250, but would only cost a MD or DC driver $200. This is not only unjust but unconstitutional under the Equal Protection Clause of the US Constitution.

If I missed anything, please feel free to add it in the comments section.

The people of Virginia have spoken and they want this law changed. I urge the General Assembly and Gov. Kaine to allow a special session for the purpose of eliminating these fees.