Posted on 08/14/2007 8:10:41 AM PDT by Daffynition
RICHMOND, Aug. 13 -- The wrangling over the state's steep new fines on bad Virginia drivers intensified Monday as a suburban Richmond judge ruled that the fees are constitutional, and fresh evidence emerged that legislators and the governor may have enacted the fees without fully researching the effect on the poor of comparable programs in other states.
In light of the legal maneuvering, the Virginia Supreme Court is considered likely to decide whether the fees, which can reach $3,000, violate the constitutional guarantee of equal protection because they apply only to Virginians and not to out-of-state motorists. In a related development Monday, an 81-year-old Roanoke woman launched a separate challenge to the fees -- intended to raise $65 million for transportation projects -- after being cited for reckless driving.
In January, a month before the Virginia General Assembly approved the fees, the Texas legislature issued a report that concluded a similar program in that state was failing because thousands of drivers could not afford to pay the fees. A copy of the report was obtained by The Washington Post on Monday.
Texas, New York, Michigan and New Jersey impose fees, in addition to court costs and fines, on drivers convicted of serious traffic offenses, such as driving under the influence. As in Virginia, motorists who don't pay the fees in those states could have their driving privileges suspended.
According to the Texas Legislative Budget Board, the state has reported a collection rate of 29 percent since the fees went into effect in 2003. As of a year ago, in 55 percent of cases, involving 828,000 licenses, licenses were suspended because fees were not paid, the report says.
(Excerpt) Read more at washingtonpost.com ...
If they REALLY want to raise income for the state, they should impose a “Bad Politician Fee”.
January 2008 will be too late for many General Assembly members, as all House of Delegates seats are up for grabs.
No amnesty for incumbents - all must go!
This is a golden opportunity for Virginia residents. Next election they simply vote out every politician who supported this law. Since about 90% of the legislature did, it will mean almost a complete housecleaning.
Whatever happened to justice? This seems like abuse of power. Punishment should fit the crime.
This is pretty much the point at which you simply vote against the incumbent whoever he or she might be.
“.......motorists who don’t pay the fees in those states could have their driving privileges suspended.
Yeah, pretty much. Our General Assembly critters are terrible and all need to be run out of town at this point.
A driver whose recklessless actually causes an accident probably deserves a stiff fine. Not a terribly sympathetic defendant in my view.
However, large penalties for mere technical infractions are absurd.
New Virginia Law Allows Government to Loot Speeders
Coasting through the legislature on a slogan “speed kills,” a new law in the state allows police to get tough with drivers caught exceeding the posted limits. The measure seeks to both make an example of those “who refuse to comply with the law” and raise revenue to fund “vital government functions.”
State Highway Patrol spokesman, Captain Robert Morris defended the law as “the stick we have long needed to beat some sense into those who speed or drive improperly. Year-after-year the vast majority of drivers have ignored the posted limits. Fines and points have failed to achieve compliance. More drastic measures are needed.”
Under the new law, drivers who have exceeded the limit by 20 mph or engaged in other “unacceptable driving behaviors” may be fined up to $2500.
As predicted by critics of the measure, the new law has inspired a wave of lowered speed limits across the state. “This law will greatly ease the strain on our budget,” said Jess Turley, communications director for the City of Richmond. “At $2,500 a pop, revenue could amount to millions per day. The days of ‘we can’t afford that’ for this City are over.”
read more...
http://www.azconservative.org/Column_Archives.htm
This is the type of thing that will cause a Governor to not be relected. Ask Bill Clinton when he just raised drivers license fees a few dollars.
Hey, the bad guys game the system all the time. Maybe it's time for the good guys to take a cue.
If only wages were increasing like all these fees and taxes.
Absolutely, and a driver whose recklessness causes an accident already receives a stiff fine in every state in the union - they get to pay to repair the damages and injuries they caused, either directly, through higher insurance rates, or both.
The stretch I don't agree with is that that reckless driver should not only pay to undo the harm they caused but should also pay thousands of dollars to fund some state pet project that has nothing to do with their offense. That isn't justice, it's robbing you because they can.
“Reckless driving” is a generic catch-all offense that cops use to ticket people without concrete evidence of an offense. If the cop thinks you’re speeding, but can’t get a clock on you, he nails you for “reckless driving”. It’s an offense that is just ripe for abuse.
In the case you cited, why wasn’t the driver cited for running the light, rather than reckless driving? Probably because the cop didn’t see the accident happen and didn’t think the red light offense would hold in court.
And as always, with traffic offenses, you are guilty unless you can prove yourself innocent.
Punish CITIZENS, but give outsiders (such as aliens) benefits unavailable to "locals".
Nobody needs THAT much money.
“In Virginia, the latest court challenge of the fees involves an 81-year-old woman on a fixed income who says she cannot afford to pay the $1,000 fee she faces if she is convicted of reckless driving.”
The lawyers she has are very expensive — much more than the fine. How does she afford THAT?
I don't think anyone would disagree with you there. But the part that has Virginians up in arms is the Timmy Kaine amendment that makes these fees apply only to Virginians.
And, the bottom line is, this was NEVER about highway safety. This has been about REVENUE from day one.
Virginia Governors cannot serve consecutive terms.
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