By Jonathan Mummolo
Washington Post Staff Writer
Sunday, December 30, 2007; C01

When controversy erupted over Virginia's new abusive-driver fees this summer, proponents came together to defend the penalties, saying they would raise crucial transportation dollars while deterring bad driving and improving road safety.

But yesterday, the state reached a grim milestone: For the first time in 17 years, it surpassed 1,000 traffic fatalities in a year.

Since the fees, which target drivers convicted of such serious offenses as reckless driving and driving under the influence, took effect July 1, 519 people have died on Virginia roads, 10 more than in the second half of last year, state figures show. The 2006 total was 961 traffic deaths.

Both backers and opponents of the fees cautioned that it might be too early to draw conclusions on the effect they have had on road safety, but some said the 1,000th road death is a stark reminder that in this crucial category, at least so far, results are lackluster.

"I'm not a traffic expert," said incoming state Sen. J. Chapman "Chap" Petersen (D-Fairfax), who favors repealing the fees and won office in November, in part, on a campaign that derided them. But "the fact that our highway fatalities have not decreased -- if anything, they're higher -- I think this just underscores the fact that this legislation did not make our highways more safe, which, as I recall, was one of the primary reasons . . . articulated for the abuser fees."

The 1,000th death follows a critical report about the fees released this month by the Joint Legislative Audit and Review Commission. Among other things, the report showed that since the fees were enacted, there has been an increase in arrests for driving under the influence over the same period last year. It also showed an 11 percent decline in arrests for reckless driving but indicated that some police officers might be choosing not to write tickets for violations that carry the fees.

House Majority Leader H. Morgan Griffith (R-Salem), who favors amending the fees to focus on severely reckless and drunk drivers, said that in his experience, it can take up to 18 months for a new law to demonstrate deterrent effects.

"Even with all the press the abuser fees have gotten, it takes time for people to really feel and realize" what the new penalties are, Griffith said.

Gordon Hickey, a spokesman for Gov. Timothy M. Kaine (D), said it's too early to draw definitive conclusions on the effects of the fees. "It's only six months of data," he said. "It's worthwhile data, but it's not definitive."

Kaine strongly defended the fees this summer but has since said they "should at least be changed, maybe eliminated."

As the number of deaths increased this year, the state transportation and motor vehicle departments and the Virginia State Police joined to launch the Highway Safety Challenge in October, a program to reduce road deaths through enforcement, education and engineering.

But the deaths continued, surpassing last year's total early this month.

Officials said a steep increase in the number of motorcycle fatalities contributed to the total. Last year, 62 motorcyclists had died in crashes as of Nov. 5. At the same time this year, 116 had died.

"The pattern we've seen is men in their 40s and 50s on leisure and touring bikes," said Corinne Geller, a spokeswoman for Virginia State Police. "What's happening is you've got too much bike, too much power."

Geller also noted that fatalities on interstate highways have decreased while those on primary and secondary roads have increased, perhaps a result of urban sprawl.

"More people move out to rural areas, and they're driving on those narrow two-lane roads," she said.

The state has not finalized a breakdown of where this year's fatalities have occurred.

As the year ends and drivers head out for New Year's Eve festivities, traffic and safety officials emphasized the need for drivers to buckle up, share the road, abstain from drugs and alcohol, obey speed limits and avoid using such distractions as cellphones and MP3 players -- five of the leading causes of fatal accidents, they said.

And as for the fees, opponents said they were not surprised at the apparent lack of impact on road deaths, saying that the law's primary intent was to raise transportation funds.

"There's some questionable issues about whether it's even really addressing any dangerous activity," said Corinne J. Magee, a McLean lawyer who has argued that the fees are unconstitutional. "A lot of these fees go to things that really have nothing to do with dangerousness. Operating a motor vehicle without a valid operator's license has nothing to do with dangerous driving behavior. If my license has expired and I forgot to renew it, that doesn't mean I'm a bad driver."

Staff researcher Meg Smith contributed to this report.