Lawmakers vow to modify controversial state law
By Jessica Simmons
A controversial new state law that hits so-called abusive drivers with penalties of up to $3,000 is likely to be modified by next year, many observers say.
And two state lawmakers representing the Rockbridge area say they will try to change it.
State Sen. Creigh Deeds, a Democrat whose district includes Buena Vista and part of Rockbridge County, says such fees haven’t worked in other states.
“There’s no way they’ll work in Virginia,” Deeds said.
Del. Ben Cline, a Republican representing Rockbridge County, was not a supporter of having the fees apply only to in-state drivers. He says that in the next General Assembly session he will work to see that the law is reviewed so out-of-state drivers will receive the same fees as in-state drivers.
Although some Lexington residents have had the new fees slapped onto driving tickets since the law took effect July 1, no one here has come forward to fight them in court, says local lawyer David Natkin. But people are challenging the law elsewhere in Virginia.
The new fees anger Virginians for two reasons: They don’t apply to out-of-state drivers, and the fees are high.
The law was intended primarily to pay for the state’s pressing transportation construction needs. Highways and bridges demand repair and expansion, especially in fast-growing northern Virginia and the Hampton Roads area. In fact, 39 percent of Virginia bridges do not meet standards.
“This is everybody’s problem,” Deeds said.
The Republican-controlled General Assembly and two Democratic governors had been deadlocked on funding road improvements until this year. Part of the compromise they came up with was adding high “abusive-driver fees” to traffic offenses.
Deeds says that won’t solve the problem. The government needs to get serious about how to raise the money, he said.
The new law targets Virginians who commit offenses such as drunken or reckless driving. These charges now result in a three-part fee totaling from $750 to $3,000. For example, the fee for a first offense of driving under the influence of drugs or alcohol is an extra $2,250 above the usual fine and fee. And because they are fees, not fines, judges do not have discretion in the amount they assess.
Deeds says drivers who get such tickets usually can’t afford the extra fees anyway. Instead of paying, he says, they will lose their licenses and the state will never get any money from them.
Although the law has been challenged in several courts, it is still in effect in most of Virginia, including Rockbridge.
“I don’t think it’s fair because it’s not only Virginians that are using our roads,” said one resident of Lexington who did not want to be identified.
Another complained, “I can’t imagine somebody coming through Virginia from out of state can be caught speeding and they get off with a hand slap and a small fine.”
Local courts have gone both ways on deciding the constitutionality of the law. In Henrico County, a judge overturned a lower court’s decision that it was unconstitutional. Most recently, a judge in Arlington ruled that the fees violated the 14th Amendment’s equal protection clause.
In Lexington, Natkin says that instead of going to court, he advises those who come to him “to wait and see.”
Rather than send in the first payment, he said, people should ask for extensions until the law has been changed or repealed.
The best way for the state to solve the troubles, according to Deeds, is to “make the fee go away.”
Until then, Natkin says, judges have the option of lowering the charge so the person will not be subject to the fee. For instance, if someone has been charged with reckless driving at 81 mph, the judge can find the offender guilty of a lesser offense and save the driver the extra fee.
One of several online petitions criticizing the law had more than 175,000 signers by this week. One of the petitioners, Lisa Resnick of Arlington, said it was “truly a shame” that the government would “generate revenue in such an unjust way” and “risk people’s ability to pay their mortgage.”
Some people agree with Natkin that many of the crimes listed do not seem serious enough to warrant being targeted with the fee. For instance, he has dealt with people who violated the provisions of their learner’s permit, which results in an extra $900 fee. A school bus driver not wearing his seatbelt would get the same fee.
The law is not only unpopular, it also is falling far short of raising the revenue it was expected to. Even though the large projects it was supposed to help fund are mostly far from Rockbridge County, Deeds says the problems affect the entire commonwealth.
“If one part of Virginia is unhealthy, we’re all unhealthy,” he said. “We’re all connected.”
Produced by Washington and Lee journalism students.
Lead supervisor: Prof. Claudette Artwick
Reporting supervisors:
Technical supervisor: Michael Todd