Driver Responsibility Tax Surprises Out of State Motorist

http://www.thenewspaper.com/news/09/971.asp ^ | 2/21/2006

[getsoutalive]

New laws allow some states to tax drivers annually -- even if they live in another state -- simply because they received a speeding ticket. One Connecticut motorist, who asked that his name not be used, discovered this after driving in October in Niagara Falls, New York. Despite being caught in what he considered a brazen speed trap -- the speed limit was 45 MPH where he was caught, but 55 MPH at the same location in the opposite direction -- he accepted the $155 fine for driving 72 MPH thinking by paying the matter would be settled.

Last week, however, the state of New York notified him that it now considers him an "at risk" driver and therefore he must either pay the state an annual $100 tax or a lump sum of $300.

[Fresh Wind]

Your technique usually works, and it's good advice, except possibly admitting to the offense. Lawyers will always say you shouldn't do that, especially if there's a chance you might fight the ticket later. Every time a cop pulls someone over, he has to be thinking the guy might have a gun and is ready to shoot. Anything you can do to put the cop at ease will help you. Arguing or badmouthing the cop is the stupidest thing you could possibly do. We had a situation around here where Cheney was in town for a fundraiser, and the cops closed one particular road for security reasons. Some old guy couldn't get home, so he started shouting and cursing at the cop, the cop ordered him out of his vehicle, and he refused. He ended up getting tasered and arrested. As far as getting a ticket or not, it all depends on whether the cop has his quota filled for the month. If he really needs that ticket, all the sweet talk in the world won't help you.

[dpa5923]

Read my statement again. I said I can see the arguments for and against this tax. I never said they were mine.

The arguments for this tax are rather straight-forwarded: A poor or irresponsible driver “cost” more than a safe and mature driver. Since the ticket is only punitive, this tax is meant to recoup some of the costs of allowing an unsafe driver on the road.

The argument against this tax is rather straight forward as well: The driver has already been punished for his actions; this tax is nothing more than double punishment.

With all that said, you don't know where I fall on this position on purpose. I consider the truly grievous thing the tax on drivers from other states.

[usapatriot28]

It is SB 30. It is buried somewhere in this mess called the State Budget.

I found it, it's actually SB 708, the part that amends section 46.2-206.1 part D. http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+SB708ES2

The budget bill only allows the revenue from SB708 to be accounted for, but doesn't actually enable the fee.

[RetiredArmy]

Agreed. I have not had a speeding ticket in over 20 plus years. I simply refuse to drive over the speed limit. I refuse to give more of my money to the city, county or state in a TAXing scheme. They double, triple fines if a dog, kid, worker, school bus, painted lines, are near the traffic stop, if the cop is over 35 years old, driving a car over 3 years old, etc. I leave with enough time to get there on time, or I am just late. I just am not going to pay higher insurance fees, etc., for driving over the speed limit. It is more because of refusal to give away more of my money, than a safety issue. I drive with the flow of traffic, get out of the way of the nut cases, and hope for the best. But, there is no way I am getting stopped doing 75 in a 45 zone. And, I have seen these 45 on one side and 55 on the other side of the road. You may be ENTERING a town and EXITING a town, thus different limits.

[lentulusgracchus]

Some old guy couldn't get home, so he started shouting and cursing at the cop, the cop ordered him out of his vehicle, and he refused. He ended up getting tasered and arrested. As far as getting a ticket or not, it all depends on whether the cop has his quota filled for the month. If he really needs that ticket, all the sweet talk in the world won't help you.

Abuse of power. That's what jury nullification is for, when these pooh-bahs get too full of themselves, and start having the state minions slap people around for getting in the way of their sedan chairs.

This is America, not some glockenspiel-playing police state. You can't do people like that.

[pollyannaish]

I didn't mean to get on you personally. I just don't see how the case can be made that the tax covers something the fines do not. I thought that was exactly what the fines are supposed to do.

I guess that I need to trust that these fines are created as deterrents and as safety measures. But I don't. I know for a fact, that many municipalities and cities depend on them as fund raising tools, which seems to me to be an abuse of power.

I did not mean to imply that you had that position, just that perhaps I was missing an argument for that wasn't bordering on delusional. ; ).

Anyway, no harm, no foul.

[dpa5923]

I know for a fact, that many municipalities and cities depend on them as fund raising tools, which seems to me to be an abuse of power.

Completely agree.

[concretebob]

Sounds to me like they're (well, in this case "we're") getting ready for all-the-time GPS tracking of all vehicles.

You mean like LoJack and OnStar?

[NJ_gent]

"The thing is, if they ever catch you there again they'll probably demand payement then."

Actually, they'd probably revoke reciprocity vis a vis your driver's license, arrest you for driving illegally in the state, then impound your vehicle.

[Alex Murphy]

Last week, however, the state of New York notified him that it now considers him an "at risk" driver and therefore he must either pay the state an annual $100 tax or a lump sum of $300.

I see the lawyers in NY have found another way to wage war against the lawyers in CT

[mountn man]

Would it be possible for the other 49 states to declare war on NYS? Under the interstate commerce clause, is NYS allowed to do this?

What about RICO

[Jim Verdolini]

I don't understand...the driver was from Conn. He pays his fine and ignores any demands from NY for any tax money???

[VeniVidiVici]

Would be interesting. I wonder if we can get a state to refuse to recognize NY drivers licenses?

Though I bet NY uses this same arguments for owning a gun (You don't need one therefore we won't let you have one)

[DJ MacWoW]

There just aren't enough middle fingers on a single human body to express what my feelings would be to them if I ever got a notice like that.

I LOVE your statement! LOL!!!

[tonynelson]

I just got one of these notices. It was for my second offense (legitimate). Didn’t fight the first one (illegitimate unposted speed trap) because of the distance to get there. Now I wish I had. ALL YOU NEED ARE TWO 5 MPH OVER TICKETS TO GET HIT. My second offense is going to cost me $600. FIGHT EVERY NY TICKET!!!!

And DON’T admit speeding to a NY cop. They will attach an affadavit to your ticket that you admitted guilt!!!

Just smile, take the ticket and pay a lawyer to fight it!

I’m planning to take it out of NY’s hide by tagging “DRA” on every road sign I see until I get my $600 worth.

[Lancey Howard]

"Er ah, don't forget to pay the 'leaving town' tax, too!"