Virginia Criminal and Traffic Law Blog

Increased Fines on First Time Offenders

Take a look at this article from The Daily Press in Hampton Roads about proposed legislation to increase traffic fines to fund transportation projects.  The proposed bill would impose an additional $100 fine for traffic offenses that carry penalties of four demerit points.  Such offenses include speeding 10-19, failure to use a turn signal and following too closely.  But it does not end there. 

If you carry a balance of at least 4 demerit points, you will be assessed an annual penalty of $100, plus another $75 fine for each additional demerit point beyond four.  The bill has been labeled an "abusive driver" bill, despite the fact that only two violations could subject a person to these stiffer penalties. 

The problem I have with this bill is the potential collateral effects it could have on the judicial system as well as the general population.  A large segment of our population already does not have the financial ability to pay for traffic fines assessed to them.  As a result, many violators have their licenses suspended for not paying the fines, but continue to drive out of necessity.  I am in no way condoning such behavior, but at the same time realize that for some, there may be no other way to get to work, the doctor, the grocery store, etc.  If the General Assembly were to pass this bill, we will only see an increase in this problem as more people will be unable to afford the fines being proposed.  Our court system will subsequently become even more congested than it currently is.  Anyone who has spent a morning in traffic court can attest that it can be as bad if not worse than waiting at DMV. 

Interesting to note that a patron of this bill, David Albo, is a prominent Northern Virginia defense attorney.  Northern Virginia, revenue for highway projects?  You do the math.

What is Aggressive Driving?

     Having discussed previously the reckless driving statute, I will take a second to explain Virginia's aggressive driving statute.  Virginia Code Section 46.2-868.1, like the reckless driving statute, criminalizes certain driving behavior, much of which has in recent years been referred to as road rage.  Unlike reckless driving, however, prosecution of this law may require an additional element of intent, as I will explain below.

     There are two elements that the Commonwealth must prove to obtain a conviction for aggressive driving.  First, there must be a violation of one or more enumerated traffic regulations.  These include: not driving on the right side of the highway, following too closely, not yielding the right of way, evasion of traffic control devices, improper passing, passing to the right, not allowing a vehicle to pass, speeding, and stopping on highways.  A violation of one of these statutes satisfies the first element for aggressive driving. 

     The second element that the state must prove is that the offending driver was either a) a hazard to another person, or b) committed one of the above offenses with the intent to harass, intimidate, injure or obstruct another person. 

     How is aggressive driving punished, you might ask.  Run of the mill aggressive driving that satisfies the elements listed above is punishable as a class II misdemeanor, meaning a maximum penalty of 6 months in jail, a $1000 fine, and a 6 month suspension of your driver's license.  Additionally, the court may require that you attend an aggressive driving program.  However, if the evidence at trial proves that the aggressive driving was done with the intent to injure another person, the charge becomes punishable as a class I misdemeanor, just like reckless driving, meaning a maximum penalty of 12 months in jail, a $2500 fine and 6 month license suspension.

    Now it would seem that a prosecution of this offense that alleges a defendant was a "hazard" to another person would essentially be a prosecution for reckless driving.  Recall that the general reckless driving statute criminalizes any driving that endangers the life, limb, or property of any person.  Sounds to me like the same thing.  The only difference is that reckless driving is a class I misdemeanor, while most aggressive driving charges are class II misdemeanors.  Which one do you think the police are going to charge you with?  Hint: which one carries a stiffer fine?