This is a Bad Joke, Right?

By: Lowell
Published On: 2/13/2008 7:41:03 PM

Somebody please tell me this is a bad joke:

Virginia House Revives Abusive Driver Fees
Virginia House of Delegates votes to recreate abusive driver fee program as mandatory minimum fines.

The Virginia House of Delegates voted 82-17 yesterday to save the controversial abusive driver fee concept that sparked a voter revolt last year. State Delegate David B. Albo (R-Springfield) authored the new legislation that imposes what are now called "mandatory minimum fines" of up to $3000 on a list of offenses significantly scaled back from the lawmaker's original speeding ticket tax.

The new fines would apply to all drivers -- not just Virginia residents -- convicted of misdemeanor and felony offenses that already carry possible fines of up to $2500 if a judge believe the particular details of the case demonstrate a need for the top penalty. House Bill 161 removes the element of judicial discretion so that every conviction, regardless of circumstances, carries the maximum fine...

For the roll call vote on this bill, patroned by our favorite tag team of Dave Albo and Tom Rust (among others) click here.  Again, I'm hoping this is a bad joke.  If not, get me Bryan Ault, stat!


Comments



No, It's Not a Joke (Albo Must Go - 2/13/2008 7:49:51 PM)
Plus, Delegate Albo rents his apartment in Richmond from a lobbyist.

http://albomustgo.blogspot.com...



That is almost unbelievable (Lowell - 2/13/2008 7:56:59 PM)
except that it's Dave Albo we're talking about. All I have to say is:

Paging Greg Werkheiser! Paging Greg Werkheiser! Emergency in District 42!



Make sure to check out.... (Doug in Mount Vernon - 2/13/2008 8:26:02 PM)
....his brother Mike's performance art work too!

It's a HOOT!  Especially "Amanda"!



Am I missing something? (code - 2/13/2008 8:18:04 PM)
Why did half the House Dems vote for this?


Great Question (Alter of Freedom - 2/13/2008 8:22:12 PM)
The story of the abusive driving fees is really tired. But why are we not talking about the 82 folks who support its reincarnation as "minimun fees". *2 is a heckaofalot folks voting Yeah in the HOuse on anything.
In all fairness given the state of the State with the numbers released if we need to make up some of the potential future shortfalls and keep from raiding the rainy day fund every year maybe these higher fees are one way to go. If we do not like it, Iguess we can always slow down and obey the laws of the road.


I think you're missing (Lowell - 2/13/2008 8:25:08 PM)
the same thing the rest of us are missing.  Why would ANYONE vote for this crap?


Why did Democrats vote for this? (Randy Klear - 2/13/2008 8:43:54 PM)
Because in their minds' eyes, they can see this ad running on their local 6:00 TV news programs in October 2009:

A blurry, black-and-white image of scowling Delegate Dave Donkey (D-Swing District) appears on screen. Superimposed over his face, in yellow block letters, are the words PROTECTS DRUNK DRIVERS. That woman who does all the GOP attack ad voiceovers says, in her usual indignant, stentorian, semi-whiny way, "Dave Donkey voted to protect DRUNK DRIVERS who are killing OUR CHILDREN on OUR ROADS. That's right! He's defending the rights of DRUNK DRIVERS over OUR CHILDREN!" And there, in the lower left corner of the screen, in 2 point white type, are the words: "Source: HB 161 vote Feb 13 '08".

They see this ad coming and they know it works. So they sign off on bad legislation. That's how politics works. I'd say "for better or worse", but there's nothing better about it.



At some point, Dems will have to stop being so fearful (Sui Juris - 2/13/2008 8:46:44 PM)
When you're afraid of what people with absolutely no regard for the truth (or good public policy) will say, you will lose.  Every time.


is not this the time (Alter of Freedom - 2/13/2008 10:25:13 PM)
Is it not the time that Democrats start leveraging the gains they so proudly parade out after the elections of 2006 (Webb) and then 2007 in the Senate and House of the General Assembly. Is it not time to place the "fear" aside some where and take control of the future of the State with a clearly defined vision. Had the DPV had a clear vision or direction for Virginia mapped out these things could easily be cast aside without fear, but since more some God foresaken reason the DPV still after all the gains has no sense of itself or its newly filled ranks of Virginians it remains cautious.


I don't understand it either... (Doug in Mount Vernon - 2/13/2008 8:26:58 PM)
I wonder if we're gettin' the whole story here...?


My delegate Brian Moran (pvogel - 2/13/2008 9:28:33 PM)
I disavow him. He is dead to me.

His neighbourhood, 22304,    will never vote for him again.
Lets get a good representitave in there.



Please read the bill... (ericy - 2/13/2008 9:57:30 PM)

before you jump to any conclusions.  Text is here:

http://leg1.state.va.us/cgi-bi...

There are fines for vehicular manslaughter, maiming someone while driving under the influence, penalties for a DUI for people who have a prior conviction, use of a motor vehicle to distribute controlled substances, driving with a suspended license.  That sort of thing.

As far as I can tell from reading this, it doesn't apply to people who only have speeding tickets.

If I am wrong and there are provisions that would apply to more ordinary traffic offenses, feel free to point it out, but I think people are jumping to all sorts of wrong conclusions about what is in this bill.



No, you're not wrong. (Va Blogger2 - 2/13/2008 11:19:12 PM)
But Dave Albo wrote it. So its the worst legislation in the world.


Bad Joke (Mary I - 2/13/2008 10:06:42 PM)
I guess I am missing something.   The only one that bothers me is not stopping for a marked or unmarked police car.  If I am driving at night and there is an unmarked car with portable flashing lights behind me, I am not going to stop until I get to a fire station or police station.  I don't like the idea that I can't tell a judge why I didn't pull over on that dark street.
When you look at the list of those who supported this, there are some very good delegates on that list.


I stand corrected (pvogel - 2/13/2008 10:35:07 PM)
Brian Moran, you have regained life with me!
I am all for law and order.

Tell me that these fees apply to out of state outlaws too



Call your senators (Ambivalent Mumblings - 2/13/2008 11:33:14 PM)
I think the big thing is that you need to go and call you senators and tell them not to let this fly. If we get enough people calling them, they'll remember all of the outrage that happened last year.


I guess I was missing something... (code - 2/13/2008 11:54:20 PM)
I just read it over pretty carefully. While I object to this kind of law-making in general, it's far from abuser fees. These penalties are only on felonies and Class 1 Misdemeanors involving manslaughter, maiming, or DUI.

Sorry. I think this law is a non-issue.



Far from overbearing (robgop - 2/14/2008 1:55:59 AM)
Seems pretty fair to me. Heavy fines for those with no regard for the safety of our children and spouses.  


This is Bad Public Policy (Not Harry F. Byrd, Sr. - 2/14/2008 2:19:07 AM)
Granted that many people reacted to abuser fees because it applied to out-of-state residents and minor offenses, but many objected to the size of the fees because they thought it would effectively recreate debtors' prisons.  Others thought they were simply too high.  

- A $2,250 fine is 30% of a minimum wage worker's disposable net income.  

- Why do we have judicial discretion or juries if the legislator is going to take it away and just mandate all the penalties?  Why stop at $2250?  Why not $2300?  Why not $2500?  Why not amend the misdemeanor threshold and make it $5000?  On this bill, a judge or jury has the "discretion" to fine someone $2250 to $2500.  Our Bill of Rights values the People by letting juries determine facts, vet prosecutions, and set the ultimate penalties - not legislators.

- Repeated studies have shown that increased punishment does not deter DWI's - increased probation/monitoring periods and administrative suspensions have greater impacts than massive mandatory punishments.

- How can you justify the same mandatory minimum fine of $2250 for a 0.08 1st offense DWI AND a 0.30 DWI - say a 0.30 DWI 2nd offense with an accident.  Do they both justify the same consequence?  And Rob GOP (who's ID was created 10 minutes ago) - You think a 130 lb woman making $14K/yr. who has 3 Buds in 2.5 hrs. and blows a 0.08 "has no regard for safety"?  

- Since 2004, Virginia has the harshest DWI's laws in the United States.  There were more alcohol related deaths in Northern Virginia in 2007 than any year in the last 10.  These punishments are doing nothing but making criminal defense attorneys rich.  They are not reducing the occurrence of these offenses.  What's next - all DWI's are felonies?

There is a reason we given judges and juries discretion.  It's to take the facts and circumstances of every crime, accused person, and victim into account.  Cookie cutter solutions don't work.

Granted that there are other bad offenses that rarely occur mixed in here to justify this - if this were DWI's and DWI's alone, it would have a hard time of passage.  It is a creative legislative gimmick - it's kind of like throwing in a mandatory minimum fine for murder in the same bill as DWI and then when one votes against it attacking someone for being soft on murderers.    

I am all for doing what we can to prevent drunk driving.  This doesn't do that.  This bill is simply a clever gimmick designed to give Albo electoral cover after he was heartily embarrassed.  



fear not (Alter of Freedom - 2/14/2008 10:28:14 AM)
if they can't reduce the drunk driving stats in NVA with these fees fear not maybe the upcoming smoking ban agenda will help with it (snipe!!)