Posted by
Magnum, J.D. on Tuesday, January 15, 2008 8:15:52 AM
Back in August I posted a few blogs about Virginia's recently adopted abusive driver "fees." See
here,
here, and
here. My main beef with the so-called "fees" was that, in addition to being excessive and only applying to Virginians, they are unconstitutional: under the Virginia Constitution fines generated from traffic offenses must go into the education fund, not into the transportation fund.
Now there's this.
A bicyclist was fined $1050 for reckless driving. That's right: Kajuan Cornish, a 19-year old kid was fined over $1000 (to be paid in 3 installments) for riding his bicycle across Warwick Boulevard in Newport News during rush hour. Huh?!? Adding to the ridiculousness of the whole thing is that the statute clearly says that the "fees" are only applicable to operators of "motor vehicles."
One of the reasons that the fines don not apply to non-Virginians is that Virginia would have difficulty enforcing the fines since they cannot withhold the driver's license of someone from out of state. Guess what . . . Kajuan Cornish has no driver's license. Good luck squeezing blood out of that rock, Newport News General District Court!
This news comes within days of Governor Kaine's announcement that he thinks the fines were a mistake and that they should be repealed. Really? You mean even the threat of a $3000 fine won't make people slow down? Well golly, I'd never have guessed that one, Governor Kaine!
Honestly, the ineffectiveness and unintended consequences make no difference to me; the bill was unconstitutional from the start. I hope the General Assembly does at least one good thing this session and takes Governor Kaine's advice: repeal the abusive driver "fees."