That's exactly what's going to happen. They will abandon the car and walk (if close enough) or call a friend (if not). It may cut down on the number of gas call incidents or prompt more people to join AAA or other auto clubs since the fine is more than the premium membership. It is unlikely to bring in the revenue envisioned and could result in more draconian legislation such as requiring AAA to rat on their members.
Then there's the question of cause. What if the motorist ran out of gas because they were caught in a highway construction delay?