Virginia Abusive Driver Fees Repealed

After less than a year, Virginia's Abusive Driver Fees have been repealed. Gov. Kaine signed the bill, which goes into effect immediately. One Senator called the fees "the biggest mistake the legislature had made in his tenure".

Abusive driver fees were enacted last year as a means to collect additional revenues for the state in cases of reckless driving, DUI, driving with a suspended license, and other Virginia traffic charges. However, they were immediately controversial, since they were simply an extra fee collected by the Virginia DMV at license or registration renewal time. Because it was a fee collected by the DMV, it did not apply to driver who are charged with any of those offenses who happened to have out of state drivers licenses.

Those who have been charged with these fees are eligible for a refund, and should contact the DMV.

Virginia Police DUI Conference

A conference for police officers was recently held in Virginia Beach at the Virginia Beach Convention Center. The focus of the event was on new techniques for police to use in DUI enforcement.

One demonstrated technique mentioned in the article was from an optometry professor. He instructed officers in the Horizontal Gaze Nystagmus test, or HGN. The Horizontal Gaze Nystagmus is a test that measures involuntary movement of the eye, and is said to be correlated with alcohol impairment.

However, many experts feel that this is a scientific test that is very difficult for an untrained police officer to give an honest assessment. What is the basis for comparison? How can the officer measure the angle of the deviation to determine if it is within normal parameters? Ultimately, the officer's analysis is pure guesswork.

For this reason, most Virginia DUI Lawyers can get HGN evidence dismissed by judges.

Virginia Igntion Interlock Bill Passes

The Virginia Senate passed the legislation to make ignition interlock devices mandatory for anyone convicted of a DUI in Virginia. When a persons license is reinstated, he or she must get one of these alcohol detected breathalyser devices attached to their car's ignition.

The device, which will be paid for by the offender, will not allow the car to start if the person's BAC is above .02%, which is the level of one drink, and is essentially a zero tolerance policy.

There are current laws in effect that make it a criminal charge to circumvent the device, have someone else blow into it, or use a car without such a device if your driver's license requires it.

Previously, an ignition alcohol device was only required in cases of multiple offenses, or if the person had registered a .15 BAC on a police breathalyser.

The new law goes into effect on Oct 1, 2008.

Please contact us for a DUI case evaluation in Virginia.

Article on Complexity of Virginia DUI Laws

Interesting article on the very complicated DUI laws here in Virgina, particularly in the case of 2nd or subsequent offenses. Particular note is made of how laws are applied, and most likely sentences by judges in Lynchburg and Bedford Counties.

It is always interesting how much justice is truly not blind, and sentencing can vary widely based on the tendencies of the judge involved.

More on the proposed DUI legislation

2/27/08 - More on the proposed DUI legislation: The bill currently being worked on in the Virginia Senate would increase penalties for teenagers who are convicted of drunk driving. If a driver is 16, 17, or 18, they would automatically lose their driver's license for one year.

2/14/08 - Update: The first offense DUI interlock law has passed the Virginia House of Delegates, and goes on to the Senate in the Virginia General Assembly. If it passes the Senate, it will become law.

The vote total was 80-18 in the house. In opposition, Delegate Ken Melvin of Portsmouth is quoted saying most people who get a DUI never get a second DUI offense, and this bill is the equivalent of "using a hammer to kill a fly."

2/10/08 - A Virginia state lawmaker is proposing a law to make anyone convicted of a single DUI/drunk driving charge install an ignition interlock device in their vehicle as a condition of license reinstatement. Under current Virginia DUI laws, An ignition interlock device is only required in cases where the person blew over a .15 BAC on a breathalyzer, or almost twice the legal limit.

We believe this is a terrible idea. It is absolutely unfair to saddle someone who could even have been under the legal limit with this burden. Or if you made a one time mistake, you have to pay for it with something that could affect your job.

Even more important, there is absolutely no credible evidence that an ignition interlock device does anything to prevent drunk driving in people who are not chronic alcoholics or multiple offenders.

More on Virginia ignition interlock devices here.