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Editor: Bob Battle
Profession: DUI Defense Lawyer

Category: Virginia Reckless Driving/Speeding

Lt. Gov. Bill Bolling asked the Virginia General Assembly to repeal the speeding ticket tax which took effect last July. Bolling said funding highways with ticket surcharges seemed sound at the start but has failed in practice.

"It's my belief the abusive driver fees should be repealed," Bolling wrote. "While it may be possible to address some of the concerns that have been raised... through revisions to the 2007 legislation, I believe that would be a mistake."

Under current law, anyone convicted of driving either 20 MPH over the speed limit or 80 MPH on any road is subject to the remedial fees. On Interstate 85, which has a top legal speed of 70 MPH, a 10 MPH speeding ticket automatically becomes "reckless driving" which carries a mandatory remedial fee of $1,050 in addition to a fine of up to $2,500 imposed by a judge, according to thenewspaper.com.

Program Fell $57 Million Shy of Projections

Bolling, a former state senator from Mathews County, wrote the public lost confidence in the program after learning "less serious traffic offenses" were included and fees only applied to Commonwealth residents. As evidence, the lieutenant governor noted the tax generated only a sliver ($2.8 million) of the projected $60 million in revenue. He said road safety has been negligible with traffic deaths setting a 17-year-high in 2007.

However, the architect of the program -- Del. Dave Albo (R-Springfield) -- wants to save his project. Albo would expand the fees to include out-of-state drivers but eliminate them for certain minor infractions such as reckless failure to use a turn signal and speeding less than 25 MPH over the limit. It would, however, boost the maximum possible speeding penalty to $4,420. This sum would be imposed in the form of a $120 tax on each mile-per-hour driven in excess of 25 MPH over the posted limit, with the total fine capped at $1,920. This means driving 96 MPH in a 55 zone brings that hefty fee in addition to a court-imposed penalty of up to $2,500.