Gov. Tim Kaine sought to quell boiling public outrage over Virginia’s bad-driver fees, saying Tuesday that the expensive financial penalties apply only to serious offenses that a small percentage of motorists would commit.
Responding to a question from a Fairfax resident about a $1,050 fee that would be assessed to Virginians cited for driving with worn tires, Kaine replied that the
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sanction is imposed only if the violation is considered reckless driving.
“You can get a ticket for driving with worn tires that is not a reckless driving offense,” Kaine said during his monthly call-in show on radio station WTOP. “I would guess the overwhelming number of tickets written for driving with worn tires are not reckless driving. The tires would have to be so worn out that they caused an accident for a motorist to get a reckless driving ticket.”
Besides reckless driving, the governor said, the controversial fees are largely limited to drunken driving and driving on a suspended or revoked license. In many reckless driving cases, Kaine added, judges will end up convicting a defendant of lesser charges. That’s especially true if the case is the first time a motorist is facing a reckless driving charge.
“The judge has the discretion to look at the offense and decide what the punishment should be,” Kaine said.
The General Assembly and Kaine agreed on the fees in April to raise $65 million a year for road maintenance. The penalties range from $750 to $3,000, depending on the severity of the offense, and are paid over three years.
Some Virginians have voiced outrage over the fees since the penalties took effect July 1. In addition to the steep cost of the sanctions, some Virginians also are upset that the fees apply only to the commonwealth’s residents. Kaine and legislators have agreed to consider making out-of-state drivers pay the fees when the legislature convenes in January.
Opponents of the fees have raised constitutional questions about the penalties, especially over the out-of-state exemption. A judge in Henrico County General District Court is scheduled to rule Thursday on a motion asking him to declare the fees unconstitutional.
