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West Virginia Legislature limits municipalities to $10 fines on minor traffic violations

January 22, 2024 | Introduced Bills, House, 2024 Bills, West Virginia Legislation Bills, West Virginia



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West Virginia Legislature limits municipalities to $10 fines on minor traffic violations
West Virginia's House Bill 4970, introduced on January 22, 2024, aims to reform how municipalities handle revenue from minor traffic violations. The bill seeks to establish clear jurisdiction and limitations on local governments regarding the retention of fines collected from these offenses, particularly those occurring on state or federal divided highways.

Under the proposed legislation, municipalities would be allowed to retain only $10 from each fine, forfeiture, or court cost associated with minor traffic violations. Any revenue exceeding this limit would be redirected according to existing state laws. This measure is designed to address concerns about municipalities relying heavily on traffic fines as a source of revenue, which critics argue can lead to over-policing and unfair financial burdens on residents.

The bill defines "minor traffic violations" as any moving violation not specified in certain sections of the West Virginia Code, thereby clarifying the scope of its application. It mandates that such violations occurring on controlled-access highways be prosecuted exclusively in magistrate or circuit courts, streamlining the legal process for these cases.

Debate surrounding House Bill 4970 has highlighted the tension between local revenue needs and the potential for abuse in traffic enforcement. Supporters argue that the bill will promote fairness and reduce the financial strain on drivers, while opponents express concerns that limiting revenue could hinder municipalities' ability to fund essential services.

The implications of this legislation could be significant, as it may reshape how local governments approach traffic enforcement and revenue generation. Experts suggest that if passed, the bill could lead to a decrease in minor traffic stops, potentially impacting overall traffic safety and law enforcement practices in West Virginia.

As the bill moves through the legislative process, its future remains uncertain, but it has already sparked important discussions about the balance between public safety and municipal funding. The outcome of House Bill 4970 could set a precedent for how similar issues are addressed in other states, making it a noteworthy development in the realm of traffic law and local governance.

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This article is based on a bill currently being presented in the state government—explore the full text of the bill for a deeper understanding and compare it to the constitution

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