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

Bob Battle, a Richmond attorney who was in Fairfax traffic court Tuesday, said disapproval among judges is widespread.

"Judges, like other people, don't like them," he said. "Two have made it loud and clear, but so many of them out there are convinced that [the fees are] unconstitutional."

Battle said he thinks the fees are excessive. It's "sort of a kick-them-while-they're-down mentality," he said. "I think people who were charged with reckless driving, speeding or DUI were crazy not to have a lawyer before.. . . With a DUI defendant, you mean the potential year in jail, a $2,500 fine, at best a restricted license, the classes they have to go to, insurance wasn't a sufficient punishment?"

Because post-July 1 defendants make up only a small fraction of the caseload, it's too soon to determine what effect, if any, they will have on the judicial system, said Nancy Lake, Fairfax General District Court clerk. "I think it might have an effect in September, when most of the docket are these types of cases," she said.

Kathryn Bogush, 37, of Centreville caught a break in her case from a judge who amended her charge because she has a good driving record.

"Your [offense is] after that magic date of July 1," Judge Lisa A. Mayne said to Bogush, who was facing a reckless driving charge for going 80 mph in a 55 mph zone. "On the other hand, you have a plus-five driving record. I will take that into account."

Minutes later, a smiling Bogush was headed to the cashier after her charge was lowered to simple speeding, thereby avoiding the civil fee. "I was thankful she changed it," Bogush said.

Not everyone was so lucky. Upon hearing that he would have to pay the first $350 of his civil fee after being convicted of reckless driving, Samuel Ortez, 34, of Woodbridge, a truck driver and father of two from El Salvador, stared blankly for a moment outside the cashier's office, his eyes watering slightly.

"It's going to affect the bills," he said quietly in Spanish, his nephew Leo Ortez interpreting.

People who are unable to pay the first installment the day of their conviction are charged an additional $10 and are given 90 days to six months to pay, depending on the amount of the fee, Lake said.

Some, like Hodges, thought they had a legitimate excuse for speeding and would be able to get the charge lowered.

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."