Virginia House Revives Abusive Driver Fees
Virginia House of Delegates votes to recreate abusive driver fee program as mandatory minimum fines.The Virginia House of Delegates voted 82-17 yesterday to save the controversial abusive driver fee concept that sparked a voter revolt last year. State Delegate David B. Albo (R-Springfield) authored the new legislation that imposes what are now called "mandatory minimum fines" of up to $3000 on a list of offenses significantly scaled back from the lawmaker's original speeding ticket tax.
The new fines would apply to all drivers -- not just Virginia residents -- convicted of misdemeanor and felony offenses that already carry possible fines of up to $2500 if a judge believe the particular details of the case demonstrate a need for the top penalty. House Bill 161 removes the element of judicial discretion so that every conviction, regardless of circumstances, carries the maximum fine...
For the roll call vote on this bill, patroned by our favorite tag team of Dave Albo and Tom Rust (among others) click here. Again, I'm hoping this is a bad joke. If not, get me Bryan Ault, stat!
Paging Greg Werkheiser! Paging Greg Werkheiser! Emergency in District 42!
It's a HOOT! Especially "Amanda"!
A blurry, black-and-white image of scowling Delegate Dave Donkey (D-Swing District) appears on screen. Superimposed over his face, in yellow block letters, are the words PROTECTS DRUNK DRIVERS. That woman who does all the GOP attack ad voiceovers says, in her usual indignant, stentorian, semi-whiny way, "Dave Donkey voted to protect DRUNK DRIVERS who are killing OUR CHILDREN on OUR ROADS. That's right! He's defending the rights of DRUNK DRIVERS over OUR CHILDREN!" And there, in the lower left corner of the screen, in 2 point white type, are the words: "Source: HB 161 vote Feb 13 '08".
They see this ad coming and they know it works. So they sign off on bad legislation. That's how politics works. I'd say "for better or worse", but there's nothing better about it.
His neighbourhood, 22304, will never vote for him again.
Lets get a good representitave in there.
http://leg1.state.va.us/cgi-bi...
There are fines for vehicular manslaughter, maiming someone while driving under the influence, penalties for a DUI for people who have a prior conviction, use of a motor vehicle to distribute controlled substances, driving with a suspended license. That sort of thing.
As far as I can tell from reading this, it doesn't apply to people who only have speeding tickets.
If I am wrong and there are provisions that would apply to more ordinary traffic offenses, feel free to point it out, but I think people are jumping to all sorts of wrong conclusions about what is in this bill.
Tell me that these fees apply to out of state outlaws too
Sorry. I think this law is a non-issue.
- A $2,250 fine is 30% of a minimum wage worker's disposable net income.
- Why do we have judicial discretion or juries if the legislator is going to take it away and just mandate all the penalties? Why stop at $2250? Why not $2300? Why not $2500? Why not amend the misdemeanor threshold and make it $5000? On this bill, a judge or jury has the "discretion" to fine someone $2250 to $2500. Our Bill of Rights values the People by letting juries determine facts, vet prosecutions, and set the ultimate penalties - not legislators.
- Repeated studies have shown that increased punishment does not deter DWI's - increased probation/monitoring periods and administrative suspensions have greater impacts than massive mandatory punishments.
- How can you justify the same mandatory minimum fine of $2250 for a 0.08 1st offense DWI AND a 0.30 DWI - say a 0.30 DWI 2nd offense with an accident. Do they both justify the same consequence? And Rob GOP (who's ID was created 10 minutes ago) - You think a 130 lb woman making $14K/yr. who has 3 Buds in 2.5 hrs. and blows a 0.08 "has no regard for safety"?
- Since 2004, Virginia has the harshest DWI's laws in the United States. There were more alcohol related deaths in Northern Virginia in 2007 than any year in the last 10. These punishments are doing nothing but making criminal defense attorneys rich. They are not reducing the occurrence of these offenses. What's next - all DWI's are felonies?
There is a reason we given judges and juries discretion. It's to take the facts and circumstances of every crime, accused person, and victim into account. Cookie cutter solutions don't work.
Granted that there are other bad offenses that rarely occur mixed in here to justify this - if this were DWI's and DWI's alone, it would have a hard time of passage. It is a creative legislative gimmick - it's kind of like throwing in a mandatory minimum fine for murder in the same bill as DWI and then when one votes against it attacking someone for being soft on murderers.
I am all for doing what we can to prevent drunk driving. This doesn't do that. This bill is simply a clever gimmick designed to give Albo electoral cover after he was heartily embarrassed.