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'Bad driver fees' could congest courts
Efforts to quash the so-called "bad driver fees" hit a wall in mid-July when Virginia Gov. Tim Kaine (D) announced at a joint press conference with state House and Senate leaders that he would not call a special session of the General Assembly to reconsider a new law targeting driving offenses.House Bill 3202 went into effect on July 1, and Loudoun County could soon start to see the impact these civil remedial fees will have on its judicial system.
The fees have drawn criticism statewide from Virginians, who say the fees are too high and cover too broad a spectrum of driving infractions.
Under the legislation -- approved 85-15 in the House and 29-10 in the Senate -- Virginia drivers cited with a misdemeanor offense, such as driving with a suspended license, would pay $750.
More serious offenses – such as a DUI and related offenses -- could cost as much as $3,000.
These fees do not apply to out-of-state drivers.
Legislators intend to use the fees to feed the state's transportation fund, which is struggling to cope with growing traffic and road problems.
The General Assembly projects the fees could bring in as much as $30 million before the the legislature meets in January 2008.
"It's a mandatory cost," said Eric Strom, an attorney at Campbell, Miller and Zimmerman, a Leesburg law firm.
"One of the byproducts of these kinds of costs is you'll have people who can't afford these costs and will then drive on a suspended license."
He said these higher fees could create debtor prisons.
And Strom said the courts could soon experience a judicial traffic jam. Those people who normally would prepay their tickets could choose to fight the charges in court, he said.
According to the legislation, "these civil remedial fees cannot be suspended or reduced," meaning a judge can't step in and consider each ticket on a case-to-case basis.
"[The courts] may end up having more jury trials [for those who want to appeal a judge's decision]," Strom said.
Strom estimates that of all the cases represented by his firm, about 10 percent or less are driving offenses. That number is likely to increase in the next few months, he said.
For some offenses, hiring a lawyer to fight a ticket could cost less than paying the ticket.
Strom said that depending on the law firm hired, legal defense for a DUI is between $1,500 and $3,500. DUI and related offenses would cost $2,250 in remedial fees.
"I expect to [have more driving-related cases]," he said. "I'm not sure if anyone really knows now ... but the stakes have gone up."
It is likely, he said, attorneys and courts will start seeing the effects of the civil remedial fees in August, when the first of those charged will begin appearing in court.
Police and troopers may also feel added pressure to issue more tickets, said Sherry D. Sherry, a Leesburg resident who helped organize an online petition urging lawmakers to reconsider the fees at a special session.
Sherry's petition for a special session and another petition asking for repeal of the fees have gained nearly 170,000 signatures.
"I have heard that the state police and county sheriffs don't like [these fees] because it is making the drivers angrier about getting tickets," she said.
Del. Robert Marshall (R-south-central Loudoun), who voted against the fees because he felt they were "unfair," said the fees could cause police to "gun" for Virginia drivers.
"Cops will have quotas," he said, and they can fill those quotas faster by pulling over Virginians because it means more money.
"This places policemen in an unfair position of being tax collectors," Marshall said.
Loudoun's Sheriff's Office says the new fees shouldn't affect who gets pulled over.
"It's our job to enforce the law, not to have an opinion about the law," said Sheriff's spokesman Kraig Troxell. "It shouldn't effect a deputy or a police officer's ability to do a job. We pull over people because of their driving, not because of their license plates."
Sherry said a special session was needed to limit the amount of people who suffer under these charges.
"The fees they enacted could cause financial ruin," she said.
Sherry said she called and e-mailed several state legislators about an appeal for reconsideration, but they have not responded. She has heard from several attorneys who say the fees are going to be unenforceable because they are too broadly based.
There could be hope for those who feel the remedial fees were unfairly administered.
"We may find after six months that the program is inappropriately snagging misdemeanor offenses [that don't belong in the remedial fee category]," said Kevin Hall, a spokesman for the Governor's Office.
When the General Assembly reconvenes in January 2008, it could consider whether or not to reimburse those who might have been incorrectly snagged by the fees meant to target bad drivers, Hall said.
Contact the reporter at hhobbs@timespapers.com
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