AS the flashing red and blue lights behind me indicated I was being pulled over for speeding, I felt fortunate not to be a Virginian. While I would have to pay the standard fine that all drivers would rightly pay for violating traffic laws, had I been a resident of the Commonwealth of Virginia I would have been subject to a newly enacted draconian system of fines that has been raising hackles from motorists across the state.
In an effort to finance state transportation expenses, legislators in the Republican-dominated House of Delegates and Senate pushed through a bill which mandates hefty "abusive driver fees" for drivers found guilty of reckless driving -- most often prosecuted for drivers going 20 mph over the speed limit. In addition to the standard fine of $100-$200, numerous drivers have been cited for fines of approximately $1,000 while courts can levy civil penalties up to $3,000.
While many Virginians have complained that these civil penalties are excessive and can be devastating for financially stressed drivers, the loudest protests of the fine have stemmed from the fact that the penalties are only leveled on Virginia drivers. While out-of-state drivers can take heart in this provision, many Virginians have argued that this provision is unfair and even unconstitutional.
While motorists convicted of reckless driving may not appear to be the most sympathetic figures, these provisions are in fact penalizing drivers who are guilty of nothing more than a momentary lapse of focus.
Indeed with construction and numerous pedestrian zones, speed limits fluctuate often on Charlottesville roads. In such an environment, it's easy to understand how a driver can lose focus and all the sudden find themselves driving 46 mph down the 25 mph section of Emmet, or 36 mph down near the intersection of Emmet and Jefferson Park Avenue where the speed limit has been lowered to 15 mph because of construction. If a driver finds themselves in this situation and is unlucky enough to be a Virginia resident, they could easily be hit with a $1000 fine.
While such scenarios are easy to construct, they came to life earlier this July for 26-year-old Fairfax resident Jessica Hodges. As the Washington Post reported on August 12, Hodges, who was in the midst of labor pains for her full-term pregnancy, was given a reckless driving citation as she sped to the hospital, driving 57 mph in a 35 mph zone. Although Hodges did not give birth that day, she was delivered a $1,050 civil penalty.
In addition to facing the complaints of angry motorists, the new law also faces legal challenges that its double standard for Virginian and out-of-state drivers violates the equal protection clause of the Constitution. Although a Henrico County Judge ruled the new law constitutional on the grounds that it was singling out Virginia drivers to pay for Virginia roads, many legal experts maintain that the law does not pass the constitutional hurdle.
In its August 12 article on the subject, The Washington Post quoted Bob Battle, a Richmond attorney familiar with many of the judges who work in Virginia traffic courts. "Judges, like other people, don't like them," Battle said. "Two have made it loud and clear, but so many of them out there are convinced that [the fees are] unconstitutional."
The issue of "abusive driver fees" have moved beyond the court room to the 2007 campaign for the Virginia House of Delegates and State Senate.Responding to the uproar generated by the program and the 170,000 individuals who have signed the online petition protesting the program, Democrats have made an issue of opposing these fees, according Washington Post. While Republicans have promised to tackle the provision that exempts out-of-state drivers from the fees, the issue will be hotly contested in the 2007 elections.
Regardless of the partisan divisions on this issue, the need for reform is undeniable. The popular outcry, legal concerns and blatant unfairness of the in-state/out-of-state double standard point to the need for action on this issue. Virginia voters have a chance to make their voices heard by demanding that politicians up for election in November hear objections to these provisions. Hopefully, legislators respond to these calls by making "abusive driver" laws a thing of the past.
Adam Keith's column usually appears Mondays in The Cavalier Daily. He can be reached at akeith@cavalierdaily.com.
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