Va. GOP Proposes Bad-Driver Law Overhaul

RICHMOND, Aug. 22 -- Republican leaders in the Virginia General Assembly said they will introduce a plan Thursday to overhaul the controversial abusive-driving fees by applying them to out-of-state motorists and trying to limit the specific traffic offenses that would trigger them.

GOP leaders, who have faced weeks of criticism over the fees, also want to explore whether the state should make it more difficult for people to lose their licenses if they cannot afford to pay the fees. The Republicans plan to swiftly implement their changes when the legislature convenes in January if they retain control of the House of Delegates and Senate after the Nov. 6 election. Although Gov. Timothy M. Kaine (D) excluded non-Virginians from the fees, he has said he would work with the General Assembly on the change.

If the changes pass in January, some of the fees, which range from $750 to $3,000 and have irked Virginia voters, would be applied to Maryland and D.C. motorists ticketed for abusive driving who regularly commute or shop in Northern Virginia as well as to anyone passing through the state receiving such tickets.

Sen. Kenneth W. Stolle (R-Virginia Beach), chairman of the Courts of Justice Committee, said GOP leaders decided to act because the uproar over the fees is undermining residents' impression of the criminal justice system.

"We lost the confidence of the people on this issue, and we need to fix it," Stolle said.

The fees on felony and misdemeanor driving offenses were intended to raise money for transportation while making the highways safer by targeting reckless and drunken driving. But because Virginia's reckless-driving statute is so broad -- offenses include driving more than 20 mph over the speed limit -- courts have been flooded with angry motorists since the fees went into effect July 1.

More than 170,000 people have signed an online petition to repeal them, and at least three people have sued the state, challenging the statute's constitutionality. Those suits have centered on the exemption of out-of-state drivers.

GOP leaders also plan to explore whether Virginia's reckless-driving statute needs to be modified or whether some of the charges included in it should be exempt from the higher fees. If fewer offenses were covered under the reckless-driving statute, fewer motorists would be subject to the abusive-driver fees.

The Virginia State Police issued 100,000 reckless-driving citations last year, but judges often reduce the charge. Local police departments statewide issued thousands more tickets.

House Speaker William J. Howell (R-Stafford) and Senate Majority Leader Walter A. Stosch (R-Henrico) were scheduled to hold a news conference Thursday to present the plan.

The effort comes as GOP lawmakers have grown increasingly worried that the fees could hurt the party in the Nov. 6 election, when all 140 seats in the legislature are on the ballot.

"I just think we need to make sure everybody knows what our plan of action is going to be," Del. Terry G. Kilgore (R-Scott) said. "A lot of people ask questions about [the fees], and I think this will really help clear some of them up so we can be talking about other issues."