You asked for an explanation of Virginia's recently activated program for assessing additional fines for certain motor vehicle violations. You also wanted an explanation of Connecticut's system for assessing various additional fees, surcharges and other costs to fines for certain motor vehicle violations.

VIRGINIA PROGRAM

Beginning July 1, 2007, Virginia began a new program adopted by it legislature through which it assesses additional civil fines from people who violate certain motor vehicle laws. The fees are referred to as “civil remedial fees. ” They consist of fees imposed in three parts. The first part of the fee must be paid to the court following conviction for the offense. The court then orders the second and third parts of the fee to be paid to the Department of Motor Vehicles within 14 months and 26 months of the conviction respectively. (Va. Code § 46. 2-206. 1)

The new fees apply only to Virginia residents at the present time. Under the new fee structure, a conviction for driving with a suspended license results in a civil remedial fee of $ 750, in addition to the fine for the actual offense. Reckless driving results in a civil remedial fee of $ 1,050. Driving while under the influence of alcohol or drugs, or committing any other alcohol-related offense, results in a civil remedial fee of $ 2,250. Other motor vehicle offenses classified as misdemeanors result in a civil remedial fee of $ 900. Motor vehicle offenses classified as felonies result in a civil remedial fee of $ 3,000.

The addition of the civil remedial fines significantly increases the amount violators must pay. For example, the fine for misdemeanor driving too fast for conditions is typically not more than $ 200. The addition of the civil remedial fee adds another $ 1,050. A first time drunk driving offender in Virginia is typically fined $ 300. The new law adds a civil fee of $ 2,250. The fine for driving without a license is usually $ 75. Under the new law, there is an additional fee of $ 900 assessed.

The $ 900 civil fee for misdemeanor traffic violations includes several significant violations such as attempting to elude police, failure to stop at the scene of an accident, and knowingly operating an uninsured vehicle. However, it also is assessed for several less serious offenses such as not moving over a lane when passing an emergency vehicle on a multi-lane highway, driving with an obstructed view, driving with below-standard tires, allowing an obscene video image to be seen outside the vehicle, violating a hauling permit, and refusing to stop for a vehicle weighing.

The fee assessment program was apparently enacted to help fund a $ 1 billion transportation improvement program enacted in 2007. The new fees were estimated to generate approximately $ 65 million annually.

The new civil fees have been somewhat controversial thus far. At least two state district courts have refused to impose them and found them to be unconstitutional because they affect only state residents (Commonwealth v. Price and Commonwealth v. Fields). However, another court refused to issue an injunction against implementation of the fees.

CONNECTICUT FINES, FEES, AND OTHER ASSESSMENTS

Most traffic violations in Connecticut are classified as infractions which typically involve a fine of between $ 35 and $ 90. However, several laws significantly add the amount a person must actually pay. These are summarized below.

1. Speeding violations and a number of specifically designated infractions are subject to a surcharge equal to 50% of the assessed fine. This extra amount goes to the Special Transportation Fund and is known as the “STF surcharge” (CGS § 13b-68).

2. Speeding violations, all infractions, and certain other violations are subject to an additional fee of $ 1 for every $ 8 of fine, or any fraction thereof, for the purpose of providing funds for state and municipal police training (CGS § 51-56a(c)).

3. A $ 15 cost must be imposed against anyone who pleads no contest to, or is convicted of, a speeding violation or speeding infraction (CGS § 54-143(a).

4. A $ 20 surcharge must be imposed on anyone who pleads no contest to, or is convicted of, any infraction, or certain violations. However, if the infraction carries a fine of $ 35 or more, the amount that must be paid is $ 35 (CGS § 54-143a).

5. Anyone convicted of speeding, reckless driving, or drunk driving must pay an additional $ 5 assessment which is designated for use for traumatic brain injury prevention services. The assessment also applies to anyone who pleads no contest to a speeding charge and pays the fine by mail (CGS § 14-295a).

6. A number of infractions and violations are subject to an additional fee of $ 10 which is paid to the municipality in which the offense occurred. These include speeding, numerous moving violations, running red lights, and violating local parking restrictions, among other things (CGS § 51-56a(d)).

In addition to all of these special assessments, when certain designated offenses occur in a designated (1) state highway construction zone, (2) utility work zone, or (3) school zone, the violator must pay an additional amount equal to 100% of the assessed fine (CGS §§ 14-212a, 212b). There is also a fine doubling requirement that applies to certain infractions requiring granting of right of way when the driver fails to grant this right to someone riding a bicycle (CGS § 14-212c).

The imposition of these various fees, surcharges and assessments significantly increase what a violator must pay. For example, the fine for the infraction of passing another vehicle on the right is only $ 35 but the total amount someone must pay after the various assessments are made is actually $ 103. If the offense occurs in a highway construction or utility work zone it is $ 138. Failing to stop at a stop sign carries a fine of $ 70 but a violator must pay a total of $ 124 after all the additional fees are assessed.

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