Armed With Checkbooks and Excuses, First Casualties of Va. Fees Go to Court

Jessica Hodges was speeding when she thought she was in labor.
Jessica Hodges was speeding when she thought she was in labor. (By Jahi Chikwendiu -- The Washington Post)
By Jonathan Mummolo
Washington Post Staff Writer
Sunday, August 12, 2007

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.

Those lucky enough to live out of state or to have been pulled over before the fees went into effect July 1 -- the "magic date," as one judge called it -- escaped the penalties, as did many who hired attorneys who were able to argue for lesser charges or continuances.

The fees, which range from $750 to $3,000, were passed by the General Assembly in the spring as part of a package aimed at funding scores of transportation projects. Backers said the fees would both raise money and improve highway safety by targeting the state's worst drivers -- those guilty of severe traffic offenses such as DUI, reckless driving and driving on a suspended license.

But the fees have since been vilified by an angry public (more than 170,000 people have signed an online petition to repeal them), denounced by lawmakers who once supported them and ruled unconstitutional by judges in two localities who said they violate equal protection rights guaranteed under the 14th Amendment. A Centreville man convicted of reckless driving filed a challenge to the fees in Arlington County General District Court on the same grounds.

Nonetheless, the penalties remain in effect, and offenders have started to feel their pinch. Melissa Norquest, 33, of Manassas shelled out $522 Tuesday after being found guilty of reckless driving for going 56 mph in a 35 mph zone July 3. She will pay the rest in installments.

Norquest took issue with a provision that exempts out-of-state drivers from paying the fees. If you don't live in Virginia, she said, "you just pay your l'il $100 fine and go on your way. . . . If they're going to make it for Virginia residents, they should also make it for whoever drives through Virginia or get rid of it completely. I mean, you want the whole state to be safe, right?"

Norquest, who works for Fairfax County Family Services, also said she did not see the point of hiring a lawyer at a cost of hundreds or thousands of dollars. "You're either paying for one or you're paying for the other," she said.

Defendants weren't the only ones grousing about the penalties.

"Quite frankly, these are going to be a major burden on the clerk's office," Judge Michael J. Cassidy said Monday while explaining the fees during his opening remarks to the crowded courtroom. "I realize that these might be a financial burden. . . . It was not the clerk's choice to impose these fees."

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