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Civil Remedial Fees for "dangerous driving behavior" - HB 3202 and New Virginia Code § 46.2-206.1 Posted by DigitalDominion
(1082)
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| from the Virginia Supreme Court:
HOUSE BILL 3202/CHAPTER 896
CIVIL REMEDIAL FEES
New Virginia Code § 46.2-206.1
This is a general explanation of the new civil remedial fees. It has been prepared
by staff of the Office of the Executive Secretary of the Supreme Court, which is the
administrative office of the Virginia court system. It has not been reviewed by the
Justices of the Supreme Court of Virginia. It does not represent an order of or statement
by the Supreme Court of Virginia. This general explanation is meant neither as legal
advice nor as a “how to” guide. Any questions regarding a court’s assessment of the civil
remedial fee in a particular instance should be directed to your attorney or to the court
assessing the fee.
During its 2007 Session, the General Assembly of Virginia passed House Bill
3202 (Chapter 896), which was designed to provide additional funds to address various
transportation needs in the Commonwealth. (See this link for the bill:
http://leg1.state.va.us/cgi-bin/legp5 ... es=071&typ=bil&val=hb3202.) The
legislation requires agencies and branches of state government which implement parts of
the legislation to make accessible to the public information about those efforts.
(1) Civil Remedial Fees. The legislation creates “civil remedial fees” to be
assessed against Virginia residents convicted of certain motor vehicle-related or driving
crimes. These civil remedial fees will not apply to traffic infractions like failure to obey a
highway sign or failure to yield or parking too near a hydrant. They apply only to certain
motor vehicle-related or driving felonies and misdemeanors (certain motor vehiclerelated
or driving offenses which are crimes). The civil remedial fees will be assessed
against juveniles who have been found delinquent because they committed one of these
motor vehicle-related or driving felonies or misdemeanors. The civil remedial fees will
not be assessed if the juvenile court defers a final judgment against the juvenile and does
not find the juvenile to be delinquent.
(2) Purpose. The statute states the purpose of these fees is “to generate revenue
from drivers whose proven dangerous driving behavior places significant financial
burdens upon the Commonwealth.”
(3) Effective date. These fees are assessed upon convictions of the applicable
offenses only if the crime was committed on or after July 1, 2007.
(4) An additional fee. In one important way, these fees are like court costs. That
is, if the fee is applicable to a particular conviction, the court must assess the entire civil
remedial fee. However, these civil remedial fees cannot be suspended or reduced. Instead,
by law, an applicable civil remedial fee must be assessed by the court in full. Finally, the
law provides that “The civil remedial fees established by this section shall be in addition
to any other fees, costs, or penalties imposed pursuant to the Code of Virginia.”
(5) Virginia residents only. The civil remedial fee is applicable to Virginia
“residents” convicted of these crimes. The law provides that “The civil remedial fees
established by this section shall be assessed on any resident of Virginia operating a motor
vehicle on the highways of Virginia, including persons to whom Virginia driver's
licenses, commercial driver's licenses, or learner's permits have been issued pursuant to
this title; and persons operating motor vehicles without licenses or whose license has
been revoked or suspended.”
(6) Three-part fee. The civil remedial fees are imposed in three equal parts. If the
fee applies, the court will order the first part of the fee to be paid to the court following
the conviction. The court will also order that the second part of the fee must be paid to
the Department of Motor Vehicles (DMV) within 14 months and, then, that the third part
of the fee must be paid within 26 months of the conviction. DMV will tell people who
owe the second and third parts of the civil remedial fees when those parts of their fees
will be due.
(7) Fee schedule. The civil remedial fees are as follows:
(a) Driving on a suspended license: $250 to the court upon conviction, with two
additional payments of $250 each due to DMV, one within 14 months of conviction and
the other within 26 months of conviction.
(b) Reckless driving: $350 to the court upon conviction, with two additional payments of
$350 each due to DMV, one within 14 months of conviction and the other within 26
months of conviction.
(c) DUI and related offenses (§§ 18.2-266, -266.1, 46.2-341.24): $750 to the court upon
conviction, with two additional payments of $750 each due to DMV, one within 14
months of conviction and the other within 26 months of conviction.
(d) Other misdemeanors, “Any other misdemeanor conviction for a driving and/or motor
vehicle related violation of Title 18.2 or [Title 46.2] that is not included in one of the
preceding three subdivisions”: $300 to the court upon conviction, with two additional
payments of $300 each due to DMV, one within 14 months of conviction and the other
within 26 months of conviction.
2
(e) Felony convictions, “Any felony conviction for a driving or motor vehicle-related
offense under Title 18.2 or [Title 46.2]”: $1,000 to the court upon conviction, with two
additional payments of $1,000 each due to DMV, one within 14 months of conviction and
the other within 26 months of conviction.
(8) Installment or deferred payment plans. Civil remedial fees paid to the courts
(the first part of the three-part civil remedial fee) may be included in the installment or
deferred payment plans which courts use now for the payment of fines and costs, upon
request and approval. The judge or the clerk of the court which convicts the person sets
up the payment plan. These court-ordered installment or deferred payment plans will not
apply to second and third parts of the civil remedial fee, which are to be paid to DMV.
(9) Prepayable offenses. The civil remedial fees do apply to two motor vehiclerelated
or driving misdemeanors which are on the table of so-called “prepayable”
offenses. When an offense is prepayable, the accused person may plead guilty by paying
to the court before the trial date the entire prepayable fine and court costs. Because these
two offenses require the civil remedial fee, a person prepaying one of these two offenses
must pay to the court not only the set prepayable fine and court costs, but also the first
part of the three part civil remedial fee (the part due to the court). If the entire amount due
for the prepayable offense is not sent to the court at the same time, the court cannot
accept the payment. Once the civil remedial fees become effective, the references in the
table of prepayable offenses to these two offenses will look like this:
full release from Virginia Supreme Court |
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