The labor pains were coming, so Jessica Hodges got going. The 26-year-old bank teller from Burke sped toward Inova Fairfax Hospital, but before she got there, the law got her -- 57 mph in a 35 zone. Reckless driving.Hodges's labor pains subsided -- they turned out to be a false alarm -- but the agony from her ticket is mounting. She was found guilty of the July 3 offense and given a $1,050 civil fee on top of a judge-imposed $100 fine and court costs, making her one of the first to be hit with Virginia's new "abusive driver fees," which have been greeted by widespread public outrage.
"It's crazy," said an unregretful Hodges. "Having a baby's more important. Of course I'm going to speed."
The problem here is very much the nature of the abusive fees. The judge listened to the facts, was able to ask questions of the defendant and the officer, and was in the right position to determine proper punishment for the offense given the circumstances. And the judge leveed a rather modest fine ($100 + court costs). He had no say what so ever over the DMV fee - which amounts to an extension of the punishment.
These fees are a one size fits all solution from the Republican House that isn't fair - all so they could avoid another one size fits all solution that is fair (T-A-X). They are saying a woman rushing to the hospital because she's in labor is the same as a teenager drag racing on public streets. Not even close. Yet they both receive the same punishment from the Republicans.
A judge would likely dole out drastically different punishments for a pregnant woman and a drag racer - and that's exactly the point. The judicial system should be in charge of determining the punishment. Not some one size fits all DMV punishment that's really only in place to avoid raising the gasoline tax.
1. If the woman was still in what turned out to be false labor when the policeman stopped her, why didn't he either call 911 for her or become her police escort with blue lights flashing all the way to Inova instead of issuing a ticket? Police always have that option. I certainly agree that a woman who thinks she's in labor may well not be thinking rationally. But the officer certainly wouldn't feel panicked and would know what to do. Did the Post writer interview the officer ? Apparently not, or if so that part of the story was left out intentionally.
2. I don't follow her statement that the reason she wasn't able to explain her case clearly to the judge was that she felt rushed. No doubt she really felt rushed when she tought she was in labor. But she had adequate time to prepare for her testimony so she could present her case clearly. And I've never seen or heard of a judge try to rush a defendant during testimony. Does her comment mean that the judge simply didn't believe her story and then she felt rushed because she couldn't think of another way to convince him to lower or drop the charges ? Again, the Post writer left out that part of the story.
3. The example of a person who had the charges lowered because of a good driving record makes me wonder why the Post writer didn't say anything about the woman's own driving record. Maybe not an important factor in the judge's decision, but still another fact that was missing.
4. The fact that there's no mention of the policeman's testimony means to me the Post writer only wanted to report one side of the story. In addition to the officer's version of what happened, a judge always asks the officer about the defendant's driving record. A clean or nearly clean (e.g., only a minor traffic infraction with only 3 points against the defendant's license) is usually an important factor in the judge's decision. The missing policeman's testimony combined with the missing previous driving record make me more skeptical about whether the reporter has intenionally biased the story. Maybe not, but there's too much missing from this story to know.
5. It's good that she is appealing the conviction. Presumably, the missing facts will come out in the appeal, although I doubt that the Post will report that story.
I do agree that the Abusive Driver part of the transportation act should be abolished in its entirety since highway safety has nothing to do with revenue for transportation. We do need to have higher fines and jail time options available to judges, and I think that would be easy to pass next Jan. if the bill isn't combined with anything unrelated to traffic safety.
All the more reason to work as hard as possible to elect more Democrats in November.
T.C.
It makes me sick that so many people want to this woman to be prosicuted with out the facts.
These Nancy Grace judgements are sickening. And our society is falling more and more into prejudgements.
I'd be much more sympathetic to a case where the victim of the abuser fees had trouble paying (putting themselves through college, single parent, health care expenses, etc.) than a case where the victim claimed they had good reason to speed.
I agree with you 75% of your post...
First time for everythign dude...
Scotty