Armed With Checkbooks and Excuses, First Casualties of Va. Fees Go to Court ($1150 Speeding Fine)

[RamboLiberal]

The labor pains were coming, so Jessica Hodges got going. The 26-year-old bank teller from Burke sped toward Inova Fairfax Hospital, but before she got there, the law got her -- 57 mph in a 35 zone. Reckless driving.

Hodges's labor pains subsided -- they turned out to be a false alarm -- but the agony from her ticket is mounting. She was found guilty of the July 3 offense and given a $1,050 civil fee on top of a judge-imposed $100 fine and court costs, making her one of the first to be hit with Virginia's new "abusive driver fees," which have been greeted by widespread public outrage.

"It's crazy," said an unregretful Hodges. "Having a baby's more important. Of course I'm going to speed."

Anger and exasperation have been common sentiments recently in Fairfax General District Court, where fee-facing drivers such as Hodges have started to join the daily swarm of traffic offenders. After waiting hours to give their side of the story to judges -- several of whom seemed just as annoyed with the fees as defendants -- many nevertheless left owing enormous sums that they said would be difficult to pay.

http://www.washingtonpost.com/wp-dyn/content/article/2007/08/11/AR2007081101352_pf.html

I'm glad I don't live in Virginia. If I did I'd be spittin' mad and would vote against any legislator who voted on this "hidden tax"! Yeah some can afford this, but I'd say there will be a lot of people that this will financially hurt!

[Jackpine Radical]

1. On top of which, any kind of moving violation on your record

gives the insurance companies free rein to jack up your rates for a few years on the gronds that you're "high-risk."

[mahatmakanejeeves]

2. I read that article in the dead tree edition this morning,

and it did raise some concerns. First of all, if she's going into labor, why is she behind the wheel of a car? Isn't that the sort of thing that could interfere with controlling a car? "Having a baby's more important. Of course I'm going to speed." That's not about to win any sympathy with a judge. Me either. This is why they have 911. The Fairfax County EMTs will be glad to show up to transport her to Inova Fairfax. This is what they do all day long.

Second, and more disturbing, was something that ran farther back in the article.

But when it came time to testify, Hodges said she felt rushed and couldn't adequately explain her situation to the judge, who found her guilty.

She said that she plans to appeal the decision.

She and her husband, Jeff, a massage therapist, barely go out and are living basically week-to-week to support 17-month-old Madison and infant Alessandra, born July 19, she said.

If the appeal is denied, her husband will probably have to work overtime, she said, but she's hoping a second judge will dismiss her case because of the circumstances.

"I'm getting out of here," Hodges said, "before I have to pay for any new roads."

Now hold on. I don't want to sound like a Republic, but....

She says her husband may have to work overtime to pay the $1,050 civil fee. At the same time, she has a 17-month-old child, Madison, and she just gave birth to another child, Alessandra, on July 19. If they can't afford the civil fine, then how can they afford to have two kids in two years? Those kids are going to cost just a wee bit more than $1,050.

The thought I had after reading that is that there's something else in that family that they ought to put into "Park."

For the record, I think the fines are a bad idea.

[monktonman]

4. Yes dude you do sound like a Republic.

There you go, blaming the victim. since when is it your business how many kids someone has?
Suppose it was some guy in a hurry to get to work. would you blame him for having a job?
The one thing you said that is correct is that these fines are a bad idea. Otherwise I could swear I was reading a post at the free republic.

[mahatmakanejeeves]

5. the "victim"

is the one who chose to drive 57 mph in a 35 mph zone. The same "victim" was the one worrying about where the money for the fine was coming from, while having two kids in two years. The "victim" and her husband need to sit down and have a talk. If anything, Republic-approved sex-ed that ignores birth control may have something to do with this.

Yes, the way people drive on a public highway is my business.

I'll bet that if she drove a Hummer, there would be people here telling me I had an obligation to tell her she was wrong.

Surely even Democrats are allowed to point out the flaws in someone's reasoning.

[monktonman]

8. Now you sound even more like a republic.

[mahatmakanejeeves]

3. you said:

"I'm glad I don't live in Virginia. If I did I'd be spittin' mad and would vote against any legislator who voted on this "hidden tax"! Yeah some can afford this, but I'd say there will be a lot of people that this will financially hurt!"

One of the bill's biggest backers was a delegate (i.e., a member of the House of Delegates) named David Albo. For years, he had an advertisement every week in the Washington City Paper advertising his services representing persons accused of driving under the influence. Go to any library that keeps the City Paper; you'll see.

What better way to drum up business than by instituting a huge fine on DWI? Persons on trial might have been willing to plead before, but not now.

Albo denies any conflict of interest. I see his firm's website hasn't been whitewashed yet.

You have reached one of the most comprehensive overviews of Virginia DUI / DWI law on the Internet --provided by one of Virginia's 75 largest law firms.

Two of our attorneys (David Albo & Seth Berenzweig) have been listed as being among the Washington area's "Top Lawyers" by Washingtonian magazine (Dec. 2004). One (David Oblon) has been listed as being among Virginia's "Legal Elite" by Virginia Business magazine (Dec. 2002-03) and has regularly appeared nationally on the FOX News Network as a legal commentator (2004-2005).

[dysfunctional press]

6. this case isn't about dwi- it's about speeding.

and the 'civil fine' system is EXTREMELY regressive- if they want to do that, they should base the amount of the fine on the offender's income, like they do in finland. the president of nokia got a speeding ticket, and because of the income-based formula they use, his fine was OVER $100,000.

[mahatmakanejeeves]

7. "this case isn't about dwi - it's about speeding"

True, but fines apply to DWI convictions as well. The legislation has the effect of shoveling money into one of its chief backer's pocket.