New traffic ‘civil remedial fees’ will wallop the wallets of traffic offenders

[Newsjock]

Source: Main Street Newspapers (Va.)

“The General Assembly dubbed the law the 'Dangerous Driver Law,' but it is much more far reaching than that,” said Tommy Moore, clerk of the Botetourt Circuit Court.

It will keep the clerk's office busy collecting the first of three annual civil fee payments from drivers convicted of any number of traffic violations. The civil fees will be on top of traffic fines courts impose, and are part of the new financial package to help fund Virginia's beleaguered highway department.

For instance, an offender charged and convicted of reckless driving for going 20 mph over the speed limit would pay the traffic fines and court costs, plus be accessed a $1,000 civil fee. One-third of the civil fee would have to be paid the day of the conviction. The rest would be paid in two equal installments over the next two years. The Department of Motor Vehicles (DMV) is responsible for collecting the final two payments

... Instead of direct taxes to fund transportation, some are calling the civil penalties “hidden fees.” They range from $250 to $3,000, depending on the traffic violation, and will be assessed on a variety of misdemeanor traffic violations including being a passenger in a hit and run or the failure to give a proper signal.

Read more: http://ourvalley.org/news.php?viewStory=831

[eppur_se_muova]

1. Why don't they just take the money at gunpoint? It seems more honest. nt

[0007]

19. Coming to your state soon....

Couln't pay the fine on time

[youngdem]

2. When will enough be enough for Americans

When will we demand an end to the destruction of our freedoms?

This is such ridiculous overkill, it gives me chills.

I sure the fuck won't be going to Virginia, or London, or Houston, or any other town or state that has this kind of disgusting revenue model.

[pokercat999]

6. The state troopers here in VA will gladly write these tickets.

You'd think they get a commission from their actions. If I ever get the opportunity to help a cop you can bet I'll have better more important things to do right then.

[TommyO]

8. Overkill is right, but it won't affect out-of-state motorists driving in VA.

Right from the article:

Drivers from out of state will not be penalized by the civil system of fees because “the state can not go beyond its borders to collect the (civil) fees,” said Moore. “These fees are for Virginia residents and those with a permit listing a Virginia address.”

[OrangeCountyDemocrat]

3. This Seems Far Fetched

A $1,000 Fine for going 20 mph over the speed limit?

[Atman]

11. See, you got it wrong already!

Isn't this a brilliant plan? There is no $1000 fine for going 20 mph over the limit...it's an "administrative fee" or whatever they call it. It's ass-covering for politicians who can't face their constituents with reality, so they find bullshit crazy ways like this to make up for chronic budget shortfalls.

.

[soothsayer]

12. no, no they're going to be "accessed" a $1000 fee, not assessed

according to the article.

[kestrel91316]

4. That "being a passenger in a hit and run" part ain't gonna

pass constitutional muster.

We don't punish people for the acts of others, with the exception of civil liability of parents for at least some of the acts of their minor children.

[rodeodance]

5. If can not pay then driver's licenses will be taken away!!

If a convicted traffic offender does not pay the fees for whatever reason, the person's driver's license is revoked.

The fees will be hitting many of those who can least afford to lose a driver's permit, and the fallout could keep people from being able to work or pay child support, and that is already a part of the downward spiral many traffic offenders are already facing, said both Branscom and Moore, who see dire effects with the new set of civil fees.

“Judges have no leeway with the new law,” said Branscom. which means they cannot reduce or suspend the civil fees.

According to Moore, after the court collects the first civil fee installment, the DMV collects the next two yearly installments and will use a collection agency to retrieve those final two payments. That adds a layer of cost in collection that will reduce the benefit to road funding.

[rodeodance]

7. "The fees will be hitting many of those who can least afford to lose a driver's permit,

[Sadie5]

10. What if you go to court

and fight the ticket. I did this with the only ticket I have ever recieved and won, all fees were dropped. Would this civil fee be dropped also if you win?

[rodeodance]

9. this begins in one state and will spread quickly

[LiberalFighter]

15. We need to stop the spread

Arrest the Virginia legislators and send them to Gitmo.

[soothsayer]

13. VA already gigs you high for a reckless (20 mph+). They threaten

jail time, and you have to get yerself a lawyer to whittle it down.

[LiberalFighter]

14. I wonder if it will be challenged and declared illegal?

The intent of the law is to fund the Transportation Department. The civil fees place the cost of funding transportation more on a select few instead of balancing the cost on everyone. To many the civil fees (taxes) will be a substantial part of their income that few can afford to pay.

Virginian legislators need to all be castrated. I wonder how many of them will suffer the same consequences? Instead, they most likely will be exempt from the law.

Imposing another form of penalty that is intended to fund transportation is wrong. Fines and court costs should be increased annually or every few years. Raise the taxes as necessary on everyone to fund the roads.

[soothsayer]

17. Yes, especially since the laws only apply to Virginians, not out of state folks.

it looks like, anyway. I'm thoroughly confused!

[LiberalFighter]

18. Whether they call it a civil fee it is still a fine

It appears to be a violation of Virginia's Constitution ...

Article I
Section 9. Prohibition of excessive bail and fines, cruel and unusual punishment, suspension of habeas corpus, bills of attainder, and ex post facto laws.

That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion or rebellion, the public safety may require; and that the General Assembly shall not pass any bill of attainder, or any ex post facto law.

[Occulus]

21. When they are in transit to or from a legislative session,

or are otherwise conducting business of the Legislature, isn't it the case in most states that they ARE exempt from laws such as this one?

If true in VA, doesn't this mean they wrote a law the consequences of which they KNOW they won't ever have to face?

[soothsayer]

16. on edit: Well I'll be damned---this IS real? luckily since laws only apply to

Virginians, it's likely to be challenged.

[seriousstan]

20. I don't live there so I must say "Gov. Tim Kaine, kiss my speeding ass."

[rec_report]

22. K&R. People need to fight these insane *laws.*

n/t

[pitohui]

23. being a pax in hit and run isn't a traffic violation, seems like a typo

seems pretty easy to avoid, don't live in virginia and don't visit there, they probably don't want us anyway

[tblue37]

24. Unfortunately, my son and his fiancee do live in VA. n/t

[DBoon]

25. why don't they just raise the gas tax

oops, can't raise taxes in america any more

taxes bad

criminal fines good

make everyone a criminal and you never have to raise taxes

[Javaman]

26. And what happens if the person can't afford a grand on a 100 buck violation?

here it comes...debters prison. Weeee, wasn't democracy fun?