Builders and Contractors Exchange
Weekly Bulletin: 5 Oct 2007
Driving “Civil Remedial Fees"
By: Trey R. Kelleter
Last year, the General Assembly enacted a series of “civil remedial fees” that must be assessed against Virginia residents who are convicted of certain traffic offenses committed after July 1, 2007. Many people have complained about the steep fees, but unless and until they are changed, you need to be aware of just how sweeping the new fees are. This is especially true of commercial operators and businesses, since many of the covered offenses relate to trucking requirements.
Over a hundred different driving offenses now carry these “remedial fees.” The fees are in addition to any other fees, costs, and penalties imposed by the court and cannot be suspended or reduced if convicted. They must be paid in 3 equal, yearly payments, with the first installment due at the time of conviction (but the court can put you on a payment plan for this installment), and the second and third payments due to the Department of Motor Vehicles 14 and 26 months after the conviction, respectively. Failure to pay the fees leads to an indefinite suspension of your license.
The new fee for drunk driving related offenses is $2250; for reckless driving, $1050; for driving on a suspended license, $750; and for all “other misdemeanors,” $900. The “reckless driving” and “other misdemeanors” may cause the biggest surprises for drivers.
“Reckless driving” includes over 30 different offenses, including operating with improper brakes, driving with obstructed view, passing a stopped school bus, passing two vehicles abreast, passing on the crest of a hill, and failing to give proper signal. With the new legislation, each now carries a $1050 fee if convicted, above and beyond the normal fines and costs.
“Other misdemeanors,” which carry a $900 fee, literally encompass all other traffic offenses that are deemed misdemeanors by the traffic code. These include driving overweight, refusing to drive to a weigh station, driving with below-standard tires, violating highway haul permits, driving with more than one commercial driver’s license, driving a commercial vehicle without proper endorsements, and numerous other commercial motor vehicle violations.
In short, there are many traps for the unsuspecting driver who is not aware that the “minor” ticket he received carries a large extra fee if convicted. Especially for commercial operators, do not assume that these fees do not apply to you. Take a few minutes to see if your charged offense fits into one of these categories, listed in Virginia Code §46.2-206.1, and seek legal advise if you are not completely comfortable with the situation. Know what you are getting into.
Questions?
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.