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For those of you with clients that are cited for driving offenses, you should warn them of upcoming profound changes, courtesy of our legislature. One of the new statutes passed this past General Assembly session is 46.2-206.1. This allows the Commonwealth to impose “fees” on certain drivers “whose proven dangerous behavior places significant financial burdens upon the Commonwealth”. There is a need to warn certain of our clients of the expected “sticker shock” of these upcoming fees. For example, those convicted of Driving While Suspended will be assessed a fee of $250 a year for three years. Those convicted of Reckless Driving shall be assessed a fee of $350 a year for three years. Those convicted of Driving While Intoxicated will be assessed a fee of $750 a year for three years. I understand that fee is due and payable on the day of conviction. THIS IS IN ADDITION TO FINES AND COURT COSTS. The second payment shall be paid within 14 months and the third payment within26 months of the date of conviction Any misdemeanor conviction for driving or motor related violation of 18.2 not included in the aforementioned subdivisions shall be assessed a fee of $300 a year for three years. Any felony conviction for a driving or motor vehicle related offense under 18.2 shall be assessed a fee of $1,000 for three years.

Juvenile offenders will also be subject to the “fees’ for their convictions as well.

For those with a driving record of 8 or more demerit points on July 15, they shall be assessed a fee of $100 and $75 for every point in excess of 8, but not greater than $700. ONLY THOSE DEMERIT POINTS ATTRIBUTABLE TO OFFENSES THAT OCCURRED AFTER JULY 1 SHALL BE USED TO CALCULATE AND ASSESS FEES.

Thereafter the Commissioner of DMV or his designee shall assess the fees annually beginning July 15, 2007.

If any assessment remains unpaid 60 days following the date the assessment was mailed, the driver’s license shall be suspended. THE LICENSE SHALL NOT BE REINSTATED UNTIL ALL FEES HAVE BEEN PAID AS WELL AS OTHER REINSTEMENT REQUIREMENTS SATISFIED.

Funds collected through the imposition of fees shall be used to pay DMV’s costs and the remainder deposited with the Highway Maintenance and Operating Fund.

Please remember, in addition, those convicted of these offenses are also required to maintain Virginia’s high risk insurance, SR-22, at great expense.

I can only imagine the people that will be charged with Driving on Suspended because a “fee” has not been collected or an SR-22 payment was not received and processed timely.

Just remember….”No Car Tax”.