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The Virginia Senate has voted to repeal the states costly, unpopular fees on dangerous drivers. The bill has received unanimous approval in the state Senate’s Finance Committee and again received unanimous approval on the Senate floor.
The original law, which went into effect on July 1, 2007, imposes fees of between $750 and $3,000 for serious traffic offenses. It was enacted to help finance a transportation bill approved by the General Assembly as an alternative to raising taxes.
The Office of the Executive Secretary of the Supreme Court has put together this guide for the public. The legislation included the following fines:
Driving with a Suspended or Revoked License: Three annual installments of $250 each.
Reckless Driving: Three annual installments of $350 each.
Driving while Intoxicated: Three annual installments of $750 each.
Felony Conviction for Motor Vehicle Related Offense: Three annual installments of $1,000 each.
If the bill repealing the civil remedial fines is successful, the state comptroller will have to issue refunds to drivers who have been previously assessed fines. Individuals would have to return to the court where they were convicted and simply fill out a form requesting the judge to clear their name.
The civil remedial fines have been criticized as “unconstitutional,” by an Arlington County District Court Judge. Judge Dorothy Clarke ruled in July of 2007 that the fees violated guarantees of equal protection because they only apply to state residents.
One of the silly repercussions of the civil remedial law is the case of 19 year old Kajuan Cornish, who recently received a $1,050 abusive driver fee for reckless driving. The problem? Mr. Cornish was driving a bike! Cornish was pedaling back to work on Warwick Boulevard in Newport News after a lunch break when he was pulled over by a police officer for going too fast.
His appeals to a Newport News General District Court judge fell on deaf ears, as the ticket and $1,050 fine were upheld. State Delegate Dave Albo, who drafted the legislation, said he was surprised to find out that a judge would apply them to a bicyclist.
Ask an Attorney
Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223