Va. Courts Brace for Avalanche of Bad-Driver Cases

They have been trickling into courtrooms across Virginia in recent days. But this week, next week and week after week after that, thousands of traffic cases that carry steep new civil penalties will slam the state's judicial system.

All summer, the political upset has been growing over new and higher fees for the most egregious driving offenses, fees that in some cases run as high as $3,000. But the practical effect is about to hit even harder, and judges and court clerks predict an unprecedented wave of trials, appeals, strategies and anger as they begin to hear cases subject to the new law.

"They're picking up," said Nancy L. Lake, clerk of the Fairfax County General District Court, who is expecting the current few cases to grow to as many as hundreds a day in coming weeks.

"August is not going to be a pretty month, and when we get into September, we're going to be slammed," she said.

The law went into effect July 1, so tickets issued after that date are just beginning to hit the court system.

At issue is a controversial measure approved in February by the General Assembly and backed by Gov. Timothy M. Kaine (D) to funnel hundreds of millions of dollars to transportation projects across Virginia. Under great pressure in an election year to not raise taxes -- but to make at least some commitment toward the state's traffic-choked transportation network -- lawmakers agreed to attach new civil remediation fees to the state's worst driving penalties.

The penalties are expected to generate about $65 million each year toward road and transit improvements.

Violations eligible for the new penalties include reckless driving, driving while intoxicated and driving without a license. Simple speeding and other minor moving violations are not, a point emphasized by supporters of the new fees, who argue that the bill targets only the state's most abusive drivers.

That hasn't stopped critics from lashing out, not only at the sheer size of the penalties, but also at the fact that only Virginia residents will feel the pinch. With more than 160,000 signatures collected on an online petition seeking to overturn the law, political momentum is growing -- and lawmakers who supported the fees are squirming.

"This can be fixed," said Del. David B. Albo (R-Fairfax), one of the measure's leading boosters, who now says the law should be changed to include out-of-state drivers and to exclude one of the most basic reckless-driving charges -- driving 20 miles over the speed limit.

As the political storm rages on blogs and in newspapers, a din of a different sort is building in courthouses across the commonwealth. Already fast-moving institutions that process thousands of traffic tickets each day, Virginia's general district courts -- the lower trial courts where most traffic cases are heard -- have become the setting for the next round of developments in the controversy.

"It's unfair, to be honest with you," said Andrea J. Peterson, 51, a Fairfax resident charged July 9 with reckless driving after she lost control of her car and hit a tree on her street. "Maybe if you've been an offender several times over, then a stiffer fine is warranted. But I don't think I've had an accident in a long time. It was truly an accident."

Like many Virginians headed to traffic court in the coming weeks, Peterson, who will appear in court Sept. 21, had heard of the new fees. But she wasn't sure what her fee would be if she is convicted. (The answer is $1,050 spread over three years, not including court costs and fines.) Peterson also wasn't sure if she would hire a lawyer, who would charge about $1,000 to help knock down the charge a notch or two.

"Aren't there other ways to raise money?" she asked. "I don't mind paying a little more, but the fines that I've heard about are ridiculous."

Unlike Peterson, a large number of those facing the new fees are egregious or repeat offenders. According to a review of the roughly 4,400 tickets issued by Fairfax County Police since July 1, at least 300 are serious enough to be eligible for the new fines. Of those, about 75 involve driving under the influence of alcohol or drugs. More than 100 involve driving without a license. Dozens of those charged have records with multiple past driving offenses. These numbers do not include tickets issued by Virginia State Police on interstate highways that run through Fairfax.

Whatever one's view about whether such offenders should pay the steep fines, lawyers, clerks and judges are predicting mayhem when the offenders show up in court.

"There's going to be a lot of sticker shock from a lot of people who don't realize it applies to them, even with all the publicity," said Corinne Magee, a lawyer in Fairfax City who is representing someone charged with driving while intoxicated in Spotsylvania County. "I think a lot of these guys are going to walk in without lawyers, get nailed and then call a lawyer after the fact and try to appeal."

Donald P. McDonough, chief judge of Fairfax County's General District Court, predicted a "profound effect" on the county's traffic dockets. The clerk's office is required to collect the first of three annual installments from convicted offenders (the others are collected by the Department of Motor Vehicles). McDonough predicted longer waits to pay fines -- not to mention longer waits to be heard in court. With the volume of cases going to trial likely to grow, cases are going to be delayed for days or longer, he said.

"We have only so much time and so many resources," he said, adding that District judges will gather for their annual conference next month, and he has "every confidence" that the event will be "buzzing" over how to handle the new fees.

Defense lawyers, too, are trying to figure out how to handle the traffic court's new wrinkle. Some are looking for ways to challenge the constitutionality of the new fees; one such challenge in Henrico County, near Richmond, is underway.

But the measure's legality is more likely to be settled far down the road, on appeal, long after cases start being heard in court. Many lawyers are now simply trying to figure out how to beat the charges for their clients.

David Bernhard, a defense lawyer in Fairfax, expects several offenders -- with help from their attorneys -- to argue that they are not legal Virginia residents. If they succeed, they won't be subject to the fees.

Tawny Hays, clerk of the Prince William County General District Court, agrees with those in Fairfax who say the number of traffic cases involving the new fees will explode in mid- to late August.

But Hays said there is little she can do but watch and wait: "There's nothing we can do to prepare."