I was surprised to get your letter the other day, where you complain that there is a lot of misinformation about the traffic abusers fees. If there is an orchestrated misinformation campaign, it originates with members of our State Legislature who continue to make misleading and obfuscating statements about the many unconstitutional provisions in HB 3202.
For example, in your letter you claim that the abuser fees are only applied against the worse of the worst–those drivers who habitually violate our traffic laws. Well, how about telling that to Mr. Charles Mason, who as reported by the Washington Post and repeated on the Raising Kaine blog is facing a $1,050 abuser fee for driving 20 miles over the speed limit?
In all honesty Tom, can you, Dave Albo or Speaker Howell raise your right hand and take an oath in the presence of your constituents that you have never driven 75 MPH in a 55 MPH zone? If you all can’t say that with a straight face, it’s time that you set a good example, by making a series of voluntary abuser-fee payments to the DMV for each time you drove over the speed limit.
Let’s face it Tom, our State Supreme Court, in the guidance issued to the lower courts on how to implement the new abuser fees, lists in excess of 120 traffic infractions that qualify for an elevated abuser penalty. Contrary to all the assurances coming out of the General Assembly, it is now becoming clear that first time offenders–drivers with clean driving records–are being caught in the web that our overzealous legislators have cast against the citizens of our Commonwealth.
Speaker Howell is also quoted saying that the Attorney General had cleared HB 3202. I have asked you for the AG’s legal opinion and Del. Bob Marshall has asked the same of the Speaker–but contrary to your assurances, we have yet to be provided with the AG’s opinion.
Let’s face it, the AG did not issued a legally binding opinion on the constitutionality of HB 3202. So when members of the General Assembly try to hide behind a non-existing opinion, you’re simply adding to the misinformation regarding this bill.
Furthermore, all members of the General Assembly are sworn to uphold our Constitution. So how can you all have voted in good conscience on a controversial bill that appears to have violated many provisions of the Constitution and which has already been found to violate the equal protection clause of the U.S. Constitution, by two separate state courts?
Sounds to me that everyone who voted for this bill has apparently violated their oath of office. What’s the penalty for a legislator who has knowingly violated his oath of office? At a minimum, I would think that any self-respecting elected official would choose to resign rather than subject our state through additional turmoil.
So when you complain about all the misinformation surrounding the traffic abusers bill, don’t point fingers Tom–just look at your colleagues in the General Assembly who continue to go out of their way to mislead and misinform the public.
Best Regards, Phil
________________________
Phillip Rodokanakis
President
Virginia Club for Growth
Email: president@virginiaclubforgrowth.org
Web: www.virginiaclubforgrowth.org
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