Then there's the question of cause. What if the motorist ran out of gas because they were caught in a highway construction delay?
I see a few comments like this one. I think that is highly unlikely based on a specific, personal experience. During last year's "Snowmageddon" in DC, I sat in my gas-guzzling SUV for eight hours for an eight mile commute (no exaggeration). Because I had a relatively full tank, I did not worry about running out of gas. I was very interested to observe my overall consumption was not all that extraordinary. And that was eight hours.
As for abandoning the car, then the penalty gets enhanced with towing fees. I am in agreement with this. I have long felt that running out of gas is one of the silliest, unjustifiable reasons for disabled vehicles on the road. To do so in an area with no shoulder or restricted lanes is indefensible.