Speed Trap

Shame on Governor Tim Kaine and the Virginia legislature (including our own Shannon Valentine), who in a crass attempt to generate revenue for highway maintenance have taken the wrong road. The recently passed House Bill 3202, which imposes escalating fees up to $3,000 for a variety of traffic violations, is ill-conceived, grossly unfair, an insult to all citizens of the Commonwealth, and borderline unconstitutional. Apparently, none of our lawmakers has read Article IX of the Virginia Bill of Rights, which states "that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."

I have no sympathy for habitual traffic offenders. As one who travels a lot by automobile, usually at five miles per hour above the posted speed limit, nothing irritates me more than drivers who blow by me on Interstate 81 or Route 29 as if I am standing still, or others who crawl up behind me and compel me to accelerate in self-defense. I would love to see these people slow down and drive more sensibly. But legalized extortion won't work, simply because, like all law-breakers, traffic law violators, do not think they will ever get caught. And there is a high probability that they won't, since traffic law enforcement is so arbitrary, a function of too many vehicles, too many highways, and too few law enforcement officials.

As a matter of fact, our lawmakers don't expect these speeders to slow down, nor do they really want them to. In an unusual display of transparency, they drafted into the Code a confession that "the purpose of the civil remedial fees imposed in this section is to generate revenue," omitting any mention of safety.

The most odious aspect of this stealth tax is its regressiveness. These punitive fees will weigh heaviest upon the shoulders of those elements in our society least able to pay them: citizens at the lowest economic level. As David Ashby writes in "The New Dominion," low-income violators may face a fee ranging from 42% to 100% of their monthly income. Unable to pay, they may end up losing their licenses and possibly their jobs. If they continue to drive unlicensed - - in order to work - - they could face jail time.

Furthermore, unlike those with greater financial resources, low-income violators will not have recourse to sophisticated legal representation, which can often produce reduced or dismissed charges for the client who can afford it.

Expect an overburdened judicial system to get even busier, running up taxpayer bills, as more traffic court defendants refuse to plead guilty and contest their cases, knowing they face paying the additional fees.

In addition to handling more cases, sympathetic judges may reduce or suspend the fines they normally impose on a convicted violator because of the heavy civil fees they know will be assessed. Consequently, local governments which depend on traffic fines for income could experience a decrease in revenue.

There is one group that will not be losing money as a result of the new law: trial lawyers who represent traffic offenders. Is it any coincidence that the Delegate who introduced this bill, David Albo, is co-founder and partner in a law firm which, according to his website, specializes in criminal/traffic law?

I do not deny that Virginia needs to fund adequately its highway maintenance and expansion. But we have a mechanism to do this - - the gasoline tax - - and its burden falls fairly, on those who drive the most and on those whose low gas-mileage vehicles - - trucks and SUV's - - cause the most road deterioration. Only ten states have a lower state gasoline tax than Virginia. A one or two cent increase would surely generate the same revenues as these outrageous fees and, with the current daily fluctuations in gas prices, would be nearly invisible.

I challenge our Governor and lawmakers to rescind this deplorable legislation and demonstrate the political courage to tax in a fair and equitable manner.