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Tuesday, July 03, 2007
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Is It A Tax, A Fee, Or a Fine?

Who can tell any more?  They aren't even trying to distinguish between them in Virginia:

Starting today, Virginia drivers are in for one of the region's most egregious money grabs in a long time. Authorities are slated to begin imposing a jaw-dropping $1,050 "abuser fee" on drivers registered in-state who are caught speeding 20 or more mph over the limit. It was tucked into the state transportation bill and passed quietly by the General Assembly months ago, with very little notice.

And this doesn't just affect speeding violations either.  It crosses over a broad range of driving offenses:

"The purpose of the civil remedial fees imposed in this section is to generate revenue," the new law states. (Virginia Code 46.2-206.1)

Driving as little as 15 MPH over the limit on an interstate highway now brings six license demerit points, a fine of up to $2500, up to one year in jail, and a new mandatory $1050 tax. The law also imposes an additional annual fee of up to $100 if a prior conviction leaves the motorist with a balance of eight demerit points, plus $75 for each additional point (up to $700 a year). The conviction in this example remains on the record for five years.

You can see the entire list at the Virginia website.  Penalties will be even higher for people charged with reckless driving, driving under the influence, and driving with a suspended license.  What's amazing here is that they fully admit that this is not about penalizing offenders, or trying to make roads safe.  It is purely about making more money.  If it was about safety or punishing crime, then these new "user fees" would apply to out of state offenders as well.  But only Virginians will pay the new fees if caught.

I've long ago suspected that if government didn't make as much money as they did off of traffic violations, that the 55 mph speed limit would have gone the way of the dodo long ago.  Almost nobody obeys it, and there is very little need to.  Cars are significantly safer today than 20 or 30 years ago, and not just in a crash.  Suspensions and steering improvements make 55 mph laughably slow.  No... this is selective taxation.  It's like a reverse lottery ticket.  If you're unlucky enough to get pulled over, then you get to pay for some highway.

But who on Earth would come up with such an egregiously selective and arbitrary law?  The part of the story that few people seem to be catching onto is that the architect of this law is a Virginia state legislator who just happens to also own a law firm which specializes in... wait for it... defending people charged with traffic violations!

The self-described "chief architect" for this bill is Delegate David Albo. Albo boasts on his website that he's worked for 20 months to bring this bill into law. What his website doesn't mention is that when Albo isn't legislating tough new laws aimed at Virginia's motorists, he's representing those same motorists in court.

That's right. Albo's a lawyer. And not just any lawyer. The firm that bears his name specializes in traffic law, particularly in representing people charged with DWI and reckless driving. And yes, that's the firm's actual URL: virginiadui.com.

That's right... a lawyer decided that there just wasn't enough demand for his business, so he decided to get a law passed which would make more people want to fight traffic tickets!  This is rent seeking taken to a whole new and obscene level.  This act borders on the criminal in my mind.  This man should be recalled immediately.

I'm just glad I don't live in Virginia... but am damn scared that some folks in Madison probably think this is the next brilliant wave in government revenue generation.

# Posted at 8:33 AM by Nick  |  Comment Feed Link 2 Comments  |  No Trackbacks

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Tuesday, July 03, 2007 11:36:32 AM (Central Daylight Time, UTC-05:00)
Just want to bet that the list of things now defined as "reckless driving" suddenly grows exponentially?
Amy P.
Tuesday, July 03, 2007 12:02:59 PM (Central Daylight Time, UTC-05:00)
And it's not just that. Drunk driving is constantly being defined down. People who don't have a BAC of .08 can still be found to be driving under the influence if they "fail" a field sobriety test... which you can fail pretty easily even if you're sober.
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