Virginia wins the stupid traffic law contest

Now here's a really dumb law. It's a "civil remedial fee" that Virginians pay for bad driving in Virginia. Some examples: Reckless driving (20 mph over the limit) = $200 fine, $1,050 user fee. First-time drunk driver = $300 fine and $2,250 fee. Driving without a license = $75 fine, $900 fee.

Tyler Cowen observes that given unrealistic 55 mph speed limits, "this puts too much discretion into the hands of police. Or will some poor offenders simply flee and set off a police chase? (If you can't pay the fine you lose your license.)"

But this criticism barely scratches the surface. Consider these points, mostly from the WaPo article

• "Court clerks fear having to deal with angry hordes learning about the fees for the first time at the payment window."
• Fees are imposed only on Virginia residents because they're part of the state licensing fees.(The purpose of this extraordinary legislation was to fund roads in northern VA which, as every northern Virginian knows, will simply fuel more NoVa development and of course more roads.)
• "Traffic court judges fear they will see a huge increase in trials, with defendants unwilling to plead guilty because they know they will face additional fees."
• "Prosecutors say that in addition to possibly handling more trials, judges might suspend fines they usually impose, knowing that a heavier civil fee awaits. The money from fines will go to county governments, which could then face a decline in revenue. Funds from the new fees will go to the state."
• "Defense attorneys say the new fees will unfairly burden the poor because they will not be able to pay them, will lose their licenses and possibly their jobs, and then will face tickets for unlicensed driving, which would lead to jail time."
• A lawyer says he plans a legal challenge based on discrimination in favor of out of staters (which thankfully now include me, though I go back to VA a lot). Don't know if this challenge has a prayer. But in any event, the legal challenge "would take years"
• The fee can be paid over three years. After the initial one third payment immediately at the courthouse, the state becomes a collection agency.
• "Faced with the prospect of financially poorer drivers losing their licenses when they cannot pay a fee, judges might start suspending part or all of the original fines," thereby effectively transferring general revenues to transportation funding.
• More defendants will hire lawyers, and lawyers will charge more because the stakes are higher and more cases will be appealed. "'It's basically the Lawyer Full Employment Act,' cracked one Fairfax lawyer."

So given the many ways of avoiding and shifting these fees (other than safe driving), the collection mechanisms that have to be put in place, the lawyer fees from defending cases, the incentives to register outside of VA, anybody care to estimate Virginia's net gain?  What about the social gain?

I've long been touting the advantages of state law. But I stress the laws you can effectively avoid by choice of law clauses – e.g., corporate and LLC laws. Virginia's pretty good in those departments, thanks to skilled practitioners. This traffic law is a good example of what you risk getting from nitwit politicians anxious to to please everybody all the time (more roads, no taxes), and therefore why contractual choice of law is so important.  Too bad it doesn't work here.

Comments

[M. Hodak]

So, what is the difference, in this context, between a "fine" and a "fee" from the perspective of anyone who is not in the bowels of the Virginia bureaucracy?

This whole thing just goes to show how little regard the state has for its citizens versus its functionaries.

[aaron]

This should cause more traffic and thus more revenue for the state through increased gas consumption and gas taxes.

[Windypundit]

"So, what is the difference, in this context, between a 'fine' and a 'fee' from the perspective of anyone who is not in the bowels of the Virginia bureaucracy?"

The spelling.

[steve]

This proves what I have always thought, Traffic laws are not about saftey or justice, but how to get money

[Need to know]

I can't believe the citizens of Virgina are laying down for this. This is government out of control imo. Each Virginian should register to vote (if they haven't already) and begin weeding out everyone involved with the bill. Write letters vote them out and get it all repealed. This is draconian!

[Zgembo]

It is “out of this world”, who in their right mind would pass such a law? Correct, people you and I voted for. Let’s vote them out. And once again, poor people get screwed…if they can’t pay the ridiculous fees/fines, they lose a driving license. How in the world are these people going to get to work? Who has up to $3000 of cash lying around just to pay these fees? This is worse then any communism regime that we so publicly condemn. I feel disgusted and disappointed.

[Ray]

I believe the new law will cause more accidents and road rage.Today on the Interstate I noticed more people doing the speed limit, which is unusual,But the people who are unaware of the new laws continue to ride our bumpers while we are trying to stay at the speed limit, because we are now scared of getting a ticket.Cars merging on to the Interstates are going to find a lot more traffic in the right lane.These laws are absurd and dangerous.I do agree with the turn signal law, but the penalties are too harsh.I am now considering moving out of Va.Raise my taxes if you must,but this is a really bad idea.

[Dale]

I have been a Virginian all of my life and have always taken great pride in how the state government was operated. Our neighboring governments: Maryland, DC and West Virginia have always been operated in a lesser manner. To put it more bluntly, they appeared to be run by a bunch of amateurs and Virginia was always professionally operated. What in the hell happened with these new traffic laws!!! They are far worst than any legislation that I have seen from anywhere. How did these come about and when are they going away? This is ridiculous and abusive. If we can't afford to run the government cut back on whatever's necessary. Laws like these have NO place in our commonwealth and it's bush league government at it's worst. I haven't researched who came up with this legislation or who backed it, but I will lobby and vote against anyone that signed on to this junk (Democrate or Republican). Decisionmaking like this is not what I or many other Virginians expect from our elected body. AOL had a survey regarding the new laws and over 89 percent of the respondents agreed that this was the worst ever!!! Great Job Virginia

[balanced attack]

While I agree that the out-of-state exclusion smells funny, I'm struck by the fact that if one doesn't do 20 mph over the limit (wow!) or drive drunk or without a license, one will not face these fees/fines...I have strong feelings against ANY drunk driver and think they should face the harshest measures available. All of that said, I look for these new laws to face ammendment post-haste.

[M. Hodak]

"I haven't researched who came up with this legislation or who backed it, but I will lobby and vote against anyone that signed on to this junk"

The guy is Delegate David Albo--a partner in a law firm that does TRAFFIC LAW.

http://virginiadui.poweradvocates.com/

Happy hunting.

[David Ames]

I had a hard time understanding why Morgan Griffin got so out of step with his constituents until I realized the true meaning of this horrible law. It is a back door way of putting road cost on the 4 door sedans. God help Richmond if truck operators have to pay their fair share of road upkeep. Our legislators have for years been trying to get the family drivers to pay the truckers share of road up keep and now they have found the way to put that onus on us. The $1000 seat belt law.