The Virginian-Pilot
©
RICHMOND
Criminal charges filed by State Police could provide a new source of revenue for cash-strapped cities and counties.
Responding to a request from a Lynchburg area prosecutor, Attorney General Ken Cuccinelli said that state law allows prosecutors to convert state misdemeanor criminal charges issued by state troopers for offenses such as drunken driving into a local equivalent. The city or county could then keep the fines.
The exact amount of money at stake isn’t clear. But Cuccinelli’s advice, issued in mid-May, has triggered alarm bells with lobbyists for teachers and troopers.
Fine money from violations cited by State Police now goes to the state Literary Fund, which supports teacher pensions, provides school construction loans, and assists schools with technology purchases.
The fund has been around for about 200 years – it is enshrined in the state Constitution – and is supported with money from fines, fees, forfeitures and unclaimed property, as well as proceeds from unclaimed lottery prizes.
Keeping money from fines that typically flow to the state could provide some extra revenue to localities struggling amid a still stagnant economy. The attorney general’s office is under the impression some prosecutors may already do so.
The head of the Virginia State Police Association argued that diverting state funds to localities would send the wrong message.
“We are opposed to our enforcement actions being a source of revenue for any operating budget in any local government,” said M. Wayne Huggins.
“We should not be revenue collectors for any government, including local government.”
The Literary Fund took in more than $240.7 million in revenue and transfers in 2010, according to the state Department of Education. That includes nearly $68.6 million in fines, fees and forfeitures, some of which stemmed from State Police charges.
Last year, State Police made nearly 5,800 drunken-driving arrests and filed another 12,220 misdemeanor charges, which conceivably could be converted to local offenses, based on Cuccinelli’s opinion.
Local prosecutors aren’t permitted to amend State Police citations for violations of state motor vehicle law, though area law enforcement can issue motor vehicle citations whose fines are paid to a specific jurisdiction.
The misdemeanor charge of driving while intoxicated carries a mandatory minimum fine of $250 for an initial offense. That charge is the one most likely to be converted, according to some prosecutors.
Neil S. Vener, the commonwealth’s attorney in Campbell County, plans to begin doing just that. His request triggered the opinion from Cuccinelli.
“I’d prefer to see the revenue go to the county,” said Vener. “Counties need money as much as the state does.”
He predicted that the impact on the state wouldn’t be significant, adding that his office handles about three State Police drunken- driving cases a month.
How widespread the practice of converting state charges will become remains to be seen.
Officials in Chesapeake and Norfolk said they don’t have immediate plans to change their practices, while those in Portsmouth and Suffolk said they are still reviewing the opinion.
The Virginia Beach Commonwealth’s Attorney Office didn’t provide comment for this article.
“Any diversion like this is going to hurt,” said Robley Jones, of the Virginia Education Association.
Depriving the fund of some money it now receives could be particularly painful at present, he added, because the state has “backed away from its obligation on school construction.”
Julian Walker, (804) 697-1564, julian.walker@pilotonline.com
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Always!
Folks, it always has been and always will be about the money!
Great! Now our local Gov't
Great! Now our local Gov't can include this "expected" revenue in their Budgets and if they fall short....go out and write more tickets. Safety my arse!!!
If a state budget was used
If a state budget was used to serve a ticket, those fines ought to go into a state fund, not local. Local LEOs paid out of local budgets similarly should become local funds.
“We are opposed to our enforcement actions being a source of revenue for any operating budget in any local government,” said M. Wayne Huggins.
The part that frosts me is that the state cops are paid to enforce the laws, not legislate or administer funds resulting from the work they are paid to do. Where the resulting money goes is none of their business! It is not their role to direct monies.
This
is the clearest statement to date that the State Police, The Commonwealth, Counties and cities no longer look at enforcement as a safety issue, but as a revenue issue. This viewpoint can only lead to coercion of the police and corruption by the police. No longer is speeding or drunk driving a threat to the public, but now such things buy little Johnnies text book. Sad news to be sure.
Actually
I believe you'll find the State Police against or, at least, uncomfortable with this. If nothing else, it will demean their image and reputation considerably.
who cares
Im not sure why anybody cares what troopers have to say. They play no part in deciding where that money goes it is decided at a legislative/ judicial level, it has nothing to do with them. Its like asking your dog what he wants to eat, it just doesn't matter.
Past tense
Wrong. It was formerly "such things buy little Johnnies text book." Now, it will be "such things DID buy little Johnnies text book." Now they (such things) go to the local community, and little Johnnie must make do with last years ragged-out textbook.
The only treason this is an...
issue is because the AG is a Republican, and one the Pilot's editorial board hates more than most! If this person was a Democrat, there wouldn't be a peep about it. What the AG has asserted makes perfect sense, but don't ever let sense, common, good, or otherwise, interfere when it comes to the petty politics of the Pilot! This is what happens when your local news print monopoly exists for the sole purpose of advancing the agenda of the party they champion! The lack of 'diversity' (remember that, which they are always lecturing us about?) within their ranks is telling, but it is the Pilot, so what does anyone expect?
Sorry, but your "outrage" is
Sorry, but your "outrage" is a bit cliche these days. What media outlet doesn't have a particular bias? The telling fact is...you are still here.
You
can't possibly believe that the bias in the news is balanced. NBC, CBS, ABC MSNBC all liberal news outlets. AP/UPI both anti-Semitic to boot and you say all news outlets have a bias? Other then Fox news there is no moderate or conservative outlet.