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CIVIL REMEDIAL FEES AND THE VIRGINIA DRIVER
By Peter J. Schwartz
Many Virginians are presently concerned with new legislation which took effect in July of 2007 regarding “civil remedial fees,” which were enacted as part of the Transportation Funding Bill. In an effort to generate revenue for Virginia’s transportation budget, the legislature enacted a new statute which punishes Virginia drivers by assessing a substantial and mandatory additional fee if the driver is convicted of any one of several misdemeanor traffic offenses.
Many Virginians are outraged at these fees for several reasons: First, the cost of these fees is extremely high, often several times more than a typical fine for the same offense. Second, the fees are mandatory – neither the prosecutor nor the Court has the ability to suspend or waive any part of these fees, regardless of any mitigating factors (such as having a good driving record). Third, and perhaps most unfair of all, these fees are only imposed on Virginia residents. Therefore, drivers from any other state who violate Virginia’s driving laws are exempt from paying these fees, despite the fact that they are using and receiving the benefit of Virginia’s roadways.
Although Virginia Gov. Timothy Kaine was an initial supporter of these fees, he has recently changed his position. By January of 2008, he called for a repeal of this new statute. Unfortunately, for now this law is still in effect, and there are certain issues related to these fees that Virginia drivers should be aware of.
First, these fees are substantial. I have provided some examples of fees that are assessed for certain convictions below:
Driving on a suspended license: $750.00
Driving without a valid license: $900.00
Reckless driving by speed: $1,050.00
Reckless driving in general: $1,050.00
Driving under the influence of alcohol: $2,250.00
Any felony driving infraction: $3,000.00
For a complete chart of driving offenses and the fees required for a conviction of each charge, visit Virginia’s Court website at: http://www.courts.state.va.us/publications/hb_3202.pdf
Further, due to the fact that the Court does not have any discretion in ordering these fees, sometimes inequitable results can occur. A common misconception is that Virginia drivers believe that the statute can only punish “bad” drivers. This is not the case. For example, recently while in Court, I witnessed a young woman who was stopped by a local police officer because she had allowed her registration to expire. This woman had accidentally forgotten to renew both her registration and her license, both of which had recently expired. The unfortunate result: She was ordered to pay a $900.00 remedial fee for her understandable oversight, despite the fact that she had a flawless driving record.
Other situations arise every day where a Virginia driver is unfairly required to pay these excessive fees, and unfortunately the system is such that most people require the assistance of an attorney in order to have any meaningful chance of successfully contesting a driving offense.
The good news is that there are many things an attorney can do to negotiate the reduction of a fee-inducing charge, reduce the chance that the fee is imposed, and in the event of a trial, increase the likelihood of a dismissal. Our firm has had years of experience in fighting traffic-related misdemeanors, and we always recommend that any individual charged with such an offense consult with counsel prior to their hearing date.
If you have any questions regarding the civil fees, or any other traffic or criminal offense, do not hesitate to contact our firm for a free initial telephone consultation.
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