VA - Rutherford Institute Targets Abusive Driver Fees

[Vahomboy]

Maybe there's hope and help after all for these stupid fines and fees....

http://www.wset.com/news/stories/0707/438576.html

CHARLOTTESVILLE, Va. (AP) - A civil liberties organization has written to leaders of the General Assembly, telling them to amend a new law that imposes steep so-called "abusive driver" fees or face a legal challenge on the validity of the law.

In the letter, Rutherford Institute President John W. Whitehead said the fees for such infractions as drunken driving and speeding are discriminatory and "a misguided way of pursuing a policy of road improvement, as well as being legally questionable."

The "abusive driver" measures impose "civil remedial fees" paid in three annual installments that could top $1,000 for some infractions. The fees are in addition to steep existing fines and, in some cases, jail time and drivers license suspensions.

They were passed by the General Assembly as part of the first transportation funding reforms in 21 years and are intended to make the worst drivers pay a greater share of the costs of new highways needed statewide.

They were enacted as fees, not fines, so that the revenue could be applied exclusively to road construction. The state Constitution directs all fines into the state Literary Fund, which helps build new schools and supplement teacher retirement.

The fees also are imposed on people who, through too many speeding tickets or lesser traffic violations, accumulate eight or more demerit points on their driving records beginning July 1. Those fees are $100 a year for as long as there are eight or more demerit points, plus $75 for each demerit beyond eight.

The law states that the fees were established because abusive driver infractions that also include reckless driving and driving on a suspended or revoked license impose "significant financial burdens upon the Commonwealth."

In Whitehead's mind, the assessment of "exorbitant" fees violates Constitutional protections against "undue, extreme and discriminatory punishments" on Virginians.

In a news release, Whitehead said the law could be challenged because there is no logical connection between the fees and the cost to the state of the infractions.

He also noted that it's "legally indefensible" to impose the steep fees only on Virginia drivers, a point Gov. Timothy M. Kaine also has said may need addressing.

Late last month, Kaine said he has received a lot of negative feedback about inequities in the law and the legislature may have to revisit the terms of the law.

[licamell]

Don't tell them to fine non-virginian's too!

[Vahomboy]

Don't tell them to fine non-virginian's too!

I think if that could have "easily" been done, it would have been done. I don't think the other states buy into his BS and stupidity.

I've seen more LEOs here lately dart in and out of traffic with no signal or anything and they are not responding to a call either. Just RDing IMO.

[Maestro]

What will happen is the law will cause more people to fight tickets, in turn lawyers will make more money. Think about this, instead of charging you a few hundred to fight your ticket, they will charge you a few thousand now since their fees will be set according to how much the ticket will cost you.

What will happen is as more an more people fight tickets all the information that is on this site about errors and mistakes in the way speed measurements are made will get out and force the cops to either change tactics or make them be more actuate thus harder to fight and win.

Tickets are a huge revenue for states, and if this does work as they intend less and less people will break the laws thus reducing how much the state makes. You can be guarantied someone did an analysis to makes sure the fine were set high enough to offset what they would loose due to less tickets being written and people fighting and winning.

The fact they are not going to do this to out of state drivers means; one they are not the cause of the problems they are trying to fix and two they are probably the larger part of the revenue. So they still want out of state drivers to break the laws so they can still get that revenue.