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Another difference: The civil penalties apply only to Virginia residents, not out-of-state drivers. Virginians must pay in three installments over 26 months or lose their licenses. The state Legislature didn't think it could enforce the extra penalties in other states.
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Darn right. The United States, beyond federal laws, is a collection of sovereign states. Most state laws, when enforced or accepted between states, are done so voluntarily.
The following is an educated opinion. I am not a lawyer.
This is why a gay couple married in Massachusetts may not have their marriage recognized by another state, because marriage is left to the state. The federal government also recognizes marriage for taxes and federal programs, but it cannot force a state to recognize marriages in another state.
In general, states have reciprocity for traffic fines, in that failure to pay in one state could affect your license in your home state.
However, Virginia is assessing civil charges and not 'fines'. My guess is that there is some agreement between states to limit fines. Technically, it could assess these civil penalties and mess up the credit reports of out-of-state drivers who refuse to pay. I'm guessing the
real reason Virginia is not assessing the civil penalties to out-of-state drivers is that most of their tourists arrive by car and they do not want a reputation as a state that is at war with motorists.
While I am all for discouraging drunk driving, I think jail and license forfeiture is a better solution. And even mentioning any kind of fund raising aspect makes the whole endeavor stink. Think state-sponsored speed traps.
Of course, by treating in-state and out-of-state drivers differently, the whole law fails the 'equal protection' test.
I am a mid-Atlantic AAA member. F**k them for buying into this.