Virginia “civil remedial fees” petition

July 17th, 2007 by Joe

Hey Virginians! Surely you’ve heard about the new “abusive driver” traffic offense fees recently enacted by our illustrious General Assembly. No? Well, they are outrageous fines levied on top of the normal traffic infraction fees, payable ONLY by Virginia residents, for the crassly stated purpose of raising $65 million in yearly revenues for traffic projects. That sounds like a tax, but don’t tell that to those cowardly Republicans in Richmond who’d rather pull a wolf in sheep’s clothing by calling an exorbitant tax something else.

Bear in mind that a one-cent state tax on gasoline would raise $50 million yearly and spread the cost much more evenly in society–but God forbid that SUV drivers should be inconvenienced.

Check out what some of these outrageous fines might look like, which are in addition to the original fine for the offense itself, and ask yourself how a struggling middle class family or one below the poverty level might be affected by these fees if they’re unlucky enough to earn one (fees are payable in three yearly installments):

Driving 20 mph over speed limit/”reckless driving”: $1050

Driving without a license: $900

First time DUI: $2250

I’m not defending a DUI’er here…but imagine someone trying to get their life straight being socked with a fee of that magnitude. Or picture someone poor who loses their license because they can’t afford the fee, only to be socked with another $900 fee because he desperately needs to get to work and is driving without a license.

Virginia citizens are mad as wet hens. A petition with over 100,000 signatures is circulating online, and General Assembly Republicans are getting REALLY nervous as all of their seats are up for grabs in elections this November.

Do you agree the fees are outrageous? Sign the petition now!

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17 Responses

  1. Dave

    These abusive drivers are a big part of why we have traffic problems. They should have their cars impounded and sold at auction.

  2. tom

    Actually, I’m all for these high fines. Maybe people will actually drive reasonably if they knew that they would have to pay if they didn’t. The only thing I don’t support is that the fact that these fines only apply to Virginia residents.

  3. DCBlogs » DC Blogs Noted

    [...] Virginia decides to nail its residents with Virginia-only fees — big fees — for traffic violations. Centerblue. Related post at City Sparkle about a effort to overturn this: The Power of Social Networking. [...]

  4. Gil

    Dave..While I understand your concerns to a great degree, I shudder at the thought of any government confiscating the private property of citizens. A law of this type is definitely open to abuse. I say just continue to have more cops on the roads and enforce the traffic laws.

    Even though I live in MD and am not subject to these outrageous traffic fines, I stand with those VA residents who are opposed to such tyrany. If VA enacts this schedule of fines, it’s only a matter of time before the rest of the country follows suit.

  5. Va citizen

    Info on the petition calling for the special session to be held by September 30 (before the November elections) to repeal House Bill 3202 and the ‘bad driver fees’.
    sorry for the long post:
    ————————-
    The online petition that is calling not only for the complete repeal of the new ‘abusive driver’ fees (aka Civil Remedial fees), but also for the Virginia Legislature to convene a special session by September 30, 2007 to repeal HB 3202 and the fees is located at:
    http://www.Ipetitions.com/petition/VAtrafficfees/

    The citizens of Virginia do not want to wait until the regular session of legislature in January 2008 for politicians to ‘review’ the fees. We want them to call a special session before the November elections and completely repeal HB 3202 that enacted these fees.

    Gov. Tim Kaine has already said he will not call a special session, so the citizens of Virginia are asking the Senators and Delegates to call the special session.

    You can use the above link, or go to:
    http://www.Ipetitions.com search “VAtraffic”

    _______________________________________
    _______________________________________
    _______________________________________
    Why should HB 3202 be repealed?

    In reality, you can get a ticket, pay the fine, pay the new fee for three years, AND also end up paying a per point penalty for 3 years for the points on your record caused by the ticket. This exceeds double jeopardy.

    Failure or inability to pay will cause suspension of your driver’s license.
    This can impact someone’s ability to find or keep a job, and for people with security clearances, this could cause revocation of their clearances and prevent others from being eligible for security clearance.

    The suspension stays on your record for 7 years, increasing your insurances costs and in some cases, even affecting your eligibility to obtain loans, mortgages and other financing.

    The potential domino effect could be catastrophic for thousands of hard working citizens of Virginia. Young people starting their careers, college students, low and modest income families, and citizens on fixed incomes face potential economic devastation and ruin: for traffic violations.

    The punishment certainly seems to exceed any measure of ‘reasonable’.

    Politicians only starting using the words, abusive driver fees, making roads safer from ‘dangerous drivers’, dui’s, criminals etc., AFTER the public began their outcry.

    When you read the actual legislation, it shows it’s sole purpose is to raise revenue. Not a mention of safer roads.

    There are already heavy financial penalties in place for DUI’s, and the like, they are called FINES, COURT COSTS, JAIL TIME, ATTORNEY FEES etc. Civil punishments are already on the books and in place to deal with traffic violations. Again - they are called fines and jail time. Are the politicians now trying to say that they don’t believe the police and the court systems are doing a good enough job at identifying and dealing with ‘dangerous’ drivers?

    The courts and judges have no jurisdiction over the new CRF’s, they cannot waive or modify the fees for any reason, and the money goes directly into a state fund administered by the legislature. The legislators can change the purpose that the funds are used for at any time they like (remember the lottery money).

    Local jurisdictions will bear the increased costs of running the courts as they are flooded by drivers flocking to court to avoid these new fees.

    HB 3202 Co-sponsor Dave Albo is only a part time legislator, he is a full time lawyer, and a named partner in the law firm that specializes in traffic tickets - so he (and his partners) profits whether he personally ever steps into the court room or not.

  6. mike

    My fellow Virginian’s , apparently our leaders don’t think the 3.3 percent of Virginia’s population that have signed the online petition to repeal the fines and do it in special session are enough. So lets show them our numbers let Wednesday July 25th be a day of protest. Lets show our leaders our strength. All concerned parties with a last name ending in A-D should call the Office Of Governor Tim Kaine at 9am (804) 786-2211. People with a last name D-Z contact there Delegate or State Senator at their district offices.

    Delegates numbers can be found here: http://dela.state.va.us/dela/MemBios.nsf/MWebsiteTL?OpenView

    State Senator number can be found here: http://sov.state.va.us/SenatorDB.nsf/Viewtemplate for WMembershipHome?OpenForm

    I know this is a weird Idea but what better way to show our numbers then shutting down there phones systems. Thanks guys hopefully we will prevail .

  7. James

    This new Traffic Offense Civil Fees Law Needs to be and Should be Repealed ASAP. The Civil Fees are grossly excessive, unfair and discriminate on Virginia Residents. This law was passed by our elected officials who should represent those who elected them, not special interest groups or themselves. Virginians did not have the opportunity to vote on this bill. Therefore it must be REPEALED altogether. James

  8. Pat

    This is an outrageous and poorly thought out effort to tax a minority of virginia residents in order to support roads for not only virginia residents but also out of staters who drive on virginia roads as well as the many miliatary personnel who reside in virginia but maintain licenses from thier home state. And if you think you are exempt because you obey the traffic laws, consider that a reckless driving ticket can be given on a judgement call. If it is raining and an officer decides that you are driving too fast for conditions even though you are driving the posted speed limit, you can be issued a reckless driving ticket and subject to the fines.

  9. Kong

    http://www.petitiononline.com/va 3202/petition.html

    check out this petition if you havnt

  10. james

    These fees are unrealistically harsh on those individuals and families that are barely getting by financially. If these fees are to equally discourage all individuals of all income levels from recklessly drivng or driving drunk or speeding lets make the fee a percentage of there gross income, then those that make $200,000 a yr can pay a 10% fee of $20,000 and those that make only $20,OOO a yr can pay $2,000.. With this 10% fee we can then all equally be discouaged from driving illegally. These fees should also apply to out of state drivers.

  11. David

    Everone is missing the point, you cannot tie funding and public safety together. If those in power where really concerned about safety all of the police vehicles would be marked and sitting in obvious places along the roadways. Doing this would slow many more people down, than hidding in the bushed stopping a few.
    But again those in power realize that there is a profit in “public safety enforcement” “So lets make money not save lives”
    Public safety should lose money and profit in saving lives

  12. John

    David is right about this not being a public safety issue. If it were, the police would make themselves visible so that drivers would slow down instead of hiding and catching drivers after the fact. This is just another way for the state to raise revenue without raising taxes. The odd thing is that they admit it! Do they think their constituents are so dumb as to allow this to happen without a fight?

  13. Jim Gibson

    California Governor Arnold Schwartzeneger won an elected in part due to some ridiculous fee the prior Governor had eneacted. The fee to license a vehicle sky rocketed to raise revenue. Arnold made a campaign promise to do away with the fee if elected. I voted for in just because of that promise. He won the election, and on his first day in Office stopped the fees and refunded those that had already paid.
    Virginia politicians need to learn from this. Another election is coming and we will be waiting!

  14. Kim

    I wasn’t aware of the petition that is going around. Just in case anyone reading this didn’t know, Commonwealth always does whatever they want. Something needs to be done ASAP!!!!

  15. Fred Weiler

    First let’s lay off the partisan comments here. That whole Democrat -Republican thing is why nothing positive is getting done in this country in the first place. Back to this ridiculous law regardless of who sponsored or passed it……..it needs to be repealed and not brought back in any form, period.

    If they want money to build new roads and rebuild messes like the roads around Richmond, Virginia’s credit rating from what I understand is excellent. Borrow the money, build the roads and make them ‘boothless’ toll roads. It’s easy with SmartTag technology and it imposes the cost on the folks that use and therefore wear out those roads.

    Another great way to fund these roads is simply to get out there and start really enforcing the litter laws that are on the books. Some of the fines for littering are $2,500, and look at the sad condition Virginia is in when it comes to litter. We spend over $6,000,000 a year to pick up what should not be there in the first place. Let THOSE people fund the roads till they learn not to litter.

  16. Stiletto

    Considering my lease expires in two months I may move from Virginia because I refuse to live in a police state. These fines are draconian and take the enjoyment out of one of my favorite hobbies - driving fast.

  17. jim h

    Nov 6 is get even day. I plan to vote that way, I will write in aginst those with no one running against them.
    jim

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