Auto Insurance Surcharge
Virginians are getting a taste of some of the disproportionately harsh fees that New Jersey drivers have endured for years under our "auto insurance surcharge" program, and they do not like it. A new "abusive driver fee" law, modeled after our own law and intended to raise revenues, took effect in Virginia on July 1 and was almost instantly greeted with a chorus of protests, due to the steep increase in the costs of many ordinary traffic violations, and the fact that the fees don't apply to drivers who live outside the state. The law has already been challenged in court, and it's a hot topic on Internet message boards, talk radio, and undoubtedly in bars and coffee shops around the state. In fact, Virginians are so angry about their new "abusive driver" fees that the governor and the state legislature have already -- less than a month after it took effect -- promised to change the law.
Like New Jersey, Virginia established the surcharge for a specific set of serious traffic offenses: No license, no insurance, too many points on a license, and drug and alcohol violations. Like New Jersey, Virginia assesses the surcharge over a three-year period -- the lowest surcharge, which is for driving on a suspended license, will cost violators $250 a year over three years, for a total of $750 -- in addition to other fees. Unlike New Jersey, Virginia had to limit their law to residents of the state because they didn't have a practical way to collect from out-of-staters that was allowable by state law. As this article was quick to point out, criminal defense lawyers believe this may be a violation of the United States Constitution's guarantee of equal protection under the law. We'd add that it also unfairly balances the state budget on the backs of drivers, and gives judges no discretion to dismiss a case because of financial hardship or factual innocence.
We don't blame our Southern neighbors for feeling unfairly targeted by their own state, or for being upset that the cost of a $35 traffic ticket has suddenly gone up 3,000% or more. If Virginians are looking for more evidence that this law is a bad idea, we invite them to look at New Jersey. As this article points out, there's no research showing that our 13-year-old surcharge program helps stop speeding. But it's easy to see that it hurts working people who just can't afford to pay $1,000 a year over three years, go into default (sometimes without even receiving a letter to inform them) and have their licenses suspended automatically. And then how do they get to work? We hope Virginia does the right thing and repeals this law -- and that New Jersey takes notice.
As Virginians are finding out, our traffic laws in New Jersey are very complex -- and they're not always fair. That's why it's so important to speak to an experienced New Jersey criminal defense attorney
