Joe Rogalsky, The Examiner
2007-06-25 07:00:00.0
Current rank: Not ranked

Richmond -

Opponents of a new Virginia law that will add thousands of dollars to the cost of committing driving offenses say the measure unfairly targets the commonwealth’s residents and severely punishes drivers for minor transgressions.

The massive transportation funding package approved in the spring raises some of its revenue by adding “civil remedial fees” as penalties for misdemeanor and felony driving violations beginning July 1. Lesser offenses, such as speeding 5 to 10 mph over the posted limit, will not incur the added financial charge.

The new fees, which must be paid annually for three years, range from $250 a year for low-level misdemeanors to $1,000 a year for felonies such as vehicular manslaughter. The first year, violators will pay the fee to the court. The second and third payments will be made to the Division of Motor Vehicles as part of the vehicle registration fee.

“If the police start strictly enforcing the speed limits on highway, it is going to be a jackpot for the state and annoying to a lot of people,” said Del. Robert Marshall, R-Prince William, who opposed the transportation bill. “It has everything to do with raising money and nothing to do with making the streets safer.”

Del. David Albo, R-Springfield, a chief architect of the plan, said the new fees are a “voluntary tax” that drivers choose to pay by disobeying traffic laws.

“It is not a fine, it is a variable registration fee based on the quality of your driving record,” Albo said. “We decided we could raise everyone’s registration fees by $100 regardless of their driving record or increase the registration fees more for people with bad driving records.”

Because the fees must be paid to Virginia’s DMV, the new penalties cannot be levied on out-of-state drivers or illegal immigrants who do not register their vehicles or have driver’s licenses.

“The Assembly gave a break to illegal aliens over Virginians,” Marshall said. “They didn’t think this thing out very well.”

The new law also will impose annual penalties on drivers with at least eight demerit points on their records. The offending motorists will pay an additional $100 fine plus $75 for every demerit point over eight.

Supporters say bad drivers deserve to pay more than law-abiding motorists. Motorists with multiple offenses, they said, can take a driving-improvement course that will remove five demerit points from their records.

“If you take a course and still have eight points, you are a really lousy driver,” Albo said.

At a glance

A sample list of new fees that will be imposed on Virginia drivers beginning July 1. The fees will have to be paid every year for three years.

» Vehicular manslaughter: $1,000

» Felony DWI: $1,000

» Felony failure to signal: $1,000

» Felony speeding above 80 mph: $1,000

» Misdemeanor DWI: $750

» Misdemeanor failure to signal: $350

» Misdemeanor speeding 20 mph above limit: $350

» Attempting to elude police: $300

» Driving without insurance: $300

» Driving with suspended license: $250

jrogalsky@dcexaminer.com