Laws target lousy drivers

As Florida's children return to classes this fall, so will drivers caught speeding past stopped school buses and committing other dangerous infractions.

State law already forces drivers found guilty twice in one year of running a red light to attend a state-approved driver improvement course. Starting Oct. 1, a new law will force first-time offenders to take the course - as well as those found guilty of failing to stop for a school bus, of highway racing or of reckless driving.

Those who do not take the required course within 90 days of receiving notice of the order will lose their license until they do.

The same legislation adds a $65 fine to existing penalties for highway racing, reckless driving and zooming past stopped school buses - money the state will spend on trauma centers. House sponsor Paige Kreegel, R-Punta Gorda, said the idea was to make the traffic offenders likeliest to cause serious bodily harm help pay for medical care.

Reckless driving is on the list of targeted violations, said Kreegel, a physician who specializes in emergency medicine. Many drivers charged with drunken driving escape tough penalties by pleading guilty to a lesser offense. "We put the surcharge on the plea-bargain position of reckless driving so they can't slip through the net just by having the best lawyer."

Florida isn't alone

The law is part of a trend in Florida and across the country of beefing up penalties for dangerous driving. David Westberry, spokesman for the state Department of Highway Safety and Motor Vehicles, compared it to recent increases in penalties for drunken driving that can lead to thousands of dollars in fines and imprisonment. "It's raising the bar, if you will."

That bar will rise again next year when another law targeting bad drivers takes effect. Starting Jan. 1, drivers found at fault in three crashes during a three-year period will lose their license unless they pass a state-approved driver improvement course and a driving test.

The course must include behind-the-wheel instruction - a unique requirement that does not apply in other kinds of traffic cases. The mandate is so new, in fact, that the motor vehicle department still is developing a curriculum for a comprehensive course that is expected to cost offenders $300 to $500 at a commercial driving school. By comparison, basic driver-improvement courses typically cost $30 to $50.

When it goes into effect, the new law will count crashes as far back as 2008. In other words, drivers who have caused two crashes since Jan. 1, 2008, will have to take the remedial driving course and pass a driving test if they are at fault in a crash in 2010. If the offender fails to take the course within 90 days of receiving the court's order, his or her license will be canceled until the course is completed successfully.

"I think probably all of us have someone in our family who has been a victim of a crash that was unnecessary, that was caused by carelessness," said Sen. Don Gaetz, R-Niceville, who introduced the measure in the spring. "When careless actions lead to chronic crashes, we have to do something to get the attention of these drivers."

The new law could affect several thousand Florida drivers if recent crash statistics are any indication. According to the motor vehicle department, there were 3,277 drivers with three or more at-fault crashes during the three-year period ending Dec. 31.

Legislative staff and the department predicted the state will reap little money as a result of the law change - $9,205 over three years because of the $2.50 assessment fee that driving schools collect for deposit into the Highway Safety Operating Trust Fund.

Lawyer foresees cash flow

Jason Mayberry, a defense lawyer in Tampa, thinks the state could see a lot more money than that.

For a variety of reasons, he said, many defendants overlook or never receive notices that their licenses may be revoked or suspended. When that happens, he said, they have to pay one or more fees to get their licenses reinstated. "That's one more way for the state to get more money."

Mayberry also raised concerns about the predicted high cost of driving courses with behind-the-wheel instruction once they become available.

"Five hundred dollars is a lot of money," he said. "That could be prohibitive for 30 percent of our population because they don't have the money or may have lost their job because of the economy. It's circular reasoning - 'If I can't go to work to make money, I can't take the driving course. But if I can't take the driving course, I can't legally drive to work to make money.'"

Westberry, however, praised the measure as supporting department initiatives to make Florida's roads safer.

"These drivers represent a wide spectrum of our population, not just the young and inexperienced," he said. "These individuals have proven themselves to be bad drivers, and their driving records reflect numerous driving infractions and a pattern of poor decision-making."

There were 256,208 crashes in Florida in 2007, resulting in 3,221 fatalities. In 2008, there were 243,342 crashes, causing 2,983 deaths, according to motor vehicle department data.

Yoli Buss, director of driver improvement programs for AAA South, said Florida is one of many states raising the stakes for problem drivers.

"If we look at the statistics over the years, the numbers haven't changed much," said Buss, who works in AAA's Tampa office. "The numbers of crashes and deaths remain more or less the same. We have to do something to bring these numbers down."