Posted by
Magnum, J.D. on Monday, August 20, 2007 4:24:17 PM
On July 1, Virginia implemented its new abusive driver "fees." Driving with a revoked or suspended license triggers a fee of $750 (paid in three installments). Reckless or aggressive driving will cost you $1050. Driving while intoxicated will set you back $2250. Any felony conviction under the motor vehicle code will cost the offender $3000. Take a look at Virginia Code section 46.2-206.1
here.
Should felons and drunk drivers be fined for their offenses? I think that's probably a good idea. Maybe, just maybe, someone will think twice about trying to drive himself home after a few drinks if he knows that it might cost him an entire paycheck. So from that angle these fees seem like a good idea.
But what exactly is reckless driving? Take a look at the statute:
§ 46.2-852. Reckless driving; general rule.
Irrespective of the maximum speeds permitted by law, any person who drives a
vehicle on any highway recklessly or at a speed or in a manner so as to
endanger the life, limb, or property of any person shall be guilty of
reckless driving.
Seems like that could mean almost anything that the State Police want it to mean. I suppose that's how it has to be in order to keep the roads safe. But how is tacking a "fee" of $1050 going to make the roads any safer? What about aggressive driving? That offense could include something as simple as following too closely if by doing so that person is a hazard to another person. See Va. Code s. 46.2-868.1
A few Virginians have already challenged the new law's constitutionality. Take a look at
this story and
this one. I think the arguments based on the federal Constitution probably have some merit. Can a state treat its own citizens differently than citizens of other states that are simply driving through? Honestly, it's been a while since I took Constitutional Law and I've suppressed all memories of bar review materials, so I don't know the answer to that question for sure. It seems like it would have to only pass rational basis review-- not a high hurdle at all. But that is just a guess at this point. So, the law is not too likely to be overturned on that ground (I think).
The argument that interested me more was the one based on the Virginia Constitution. According to Article VIII, section 8, "a
ll fines collected for offenses committed
against the Commonwealth" are to be set aside for a perpetual school fund. The attorneys in the Roanoke case that I
cited above made this argument. The fines might not violate Equal
Protection, but they cannot go to pay for the highways.
Technically speaking, the language of the statute defines the new legislation as a fee (hence the quotation marks I used above). To borrow a phrase from Bill O'Reilly: I'm not buying it. These are fines plain and simple and the General Assembly is trying to find a away around the plain language of the Constitution. Do the honorable members of the legislature and our esteemed Governor Kaine actually expect me to believe that these are simply "fees?" An abusive driver fee would be to say "It's completely acceptable that you're a dangerous driver. Just pay the state a little fee an you can go on your way." Ridiculous! The politicians in Virginia don't have the gumption to raise taxes (not that I think they should) so they're trying to slip this one by the good citizens of the Commonwealth by labeling a "fine" as a "fee."
The new law is a fine and as far as I'm concerned . . . that's fine. The "courtesy of the road" is definitely a thing of the past and I, for one, would like to see some of the people that have nearly killed me with their driving punished accordingly. However (and that's a BIG "however"), if Governor Kaine and the General Assembly want to fix the highways in Virginia they need to find some other way to fund it. I suggest they start by cutting spending. Perhaps Governor Kaine could divert some funds from his universal indoctrin . . . I mean pre-K program. Nah, that won't happen.
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