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Two advocates of a state transportation bill that included "abusive driver fees" were each caught during the past year driving 80 mph in a 65 mph zone on Interstate 81.

House Majority Leader Morgan Griffith and Del. Terry Kilgore's tickets weren't eligible for the abuser fees, which just took effect July 1 and can run as high as $3,000 for a felony offense. But if they'd been driving just a little faster and few months later, each could have been subjected to a $1,050 fee to be paid over three years.

In November, Griffith, R-Salem, was headed to Richmond on Interstate 81 when Virginia State Police Trooper L.B. Umberger stopped him near Lexington. He ticketed Griffith and charged him with driving 80 mph in a 65 mph zone.

Then in March, shortly after the end of the General Assembly session, House Republican Caucus chairman Kilgore was driving with Griffith in the passenger seat on I-81 to Richmond to consult with Gov. Tim Kaine on possible changes to an omnibus transportation bill, which included the abuser fees but had yet to be signed into law. Kilgore had reached Lexington when he was spotted by a state trooper in an aircraft and subsequently stopped near Raphine.

Kilgore also was ticketed with driving 80 mph in a 65 mph zone. Umberger, the same trooper who stopped Griffith months earlier, also issued the ticket to Kilgore.

The two legislators were primary players in crafting a transportation compromise package that included civil remedial fees, which target Virginia motorists who commit serious traffic offenses or compile bad driving records.

Nearly 160,000 people have signed an online petition to repeal the fees, which are applied only to drivers with Virginia licenses.

But even if Griffith and Kilgore's offenses occurred today, neither would be eligible for the abusive driver fees -- unless either drove just 1 mph faster. In that case, they could have been charged with reckless driving for exceeding 80 mph.

"The abuser fees would not have affected us because we were driving not over 80" mph, said Griffith. But "let's assume I was at 81 [mph]. The officer then could have charged me with either speeding or reckless driving. The court would have taken that into consideration, and my driving record would have come into play."

The two delegates are each sheepish about their tickets. Both travel to Richmond and back numerous times a year. Kilgore, R-Scott County, has put more than 100,000 miles on his 2005 Jeep. And each says he was just traveling with the flow of traffic.

"I wasn't paying attention. I don't remember if it was music, or a book on tape, but it crept on me and I'm trying to do a lot better," Griffith said. "When you're averaging two days a week driving round-trip to Richmond, it's easy to forget what you're doing. ... That doesn't make it right."

Kilgore said his ticket came under similar circumstances.

"I was just going too fast, traveling with traffic," Kilgore said.

Under other circumstances, the two delegates may have been immune from law enforcement. The Virginia Constitution contains a clause which, except in cases of "treason, felony, or breach of the peace," allows legislators to avoid arrest or questioning during a General Assembly session or 15 days before or after a session. Kilgore's ticket came several days outside that window.

Both Griffith and Kilgore said they wouldn't use that constitutional immunity to avoid a speeding ticket.

"I generally don't invoke the clause because I don't think you should unless you think you're being pulled over to keep from getting to a vote," Griffith said.

Likewise, "I wasn't going to raise that," Kilgore said. "Geez -- he was doing his job."

As far as punishment, Griffith paid $56 in court fines and another $75 to take an eight-hour "driver improvement program" in June. According to a letter addressed to Rockbridge County General District Court Judge Gordon Saunders, Griffith aced both his pre- and post-class test.

Kilgore wasn't so fortunate. Griffith, a lawyer, represented Kilgore in court and initially tried to get Kilgore the same deal he'd received. Kilgore, however, had previously completed the driver improvement program. Although he could take it again to reduce the number of points on his driver's license, "you can only do it once to get rid of a ticket," said Kilgore, also a lawyer.

Instead, Kilgore is slated for a Sept. 9 court hearing. He said he expects Griffith will enter a guilty plea for him.

"I'm going to pay the fine and roll on, roll slower," Kilgore said.

Griffith is scheduled for a hearing on his ticket that same day, but because he completed his driver improvement course, it's only a formality and he isn't required to be present.

There's another wrinkle in this story. Both Griffith and Kilgore are members of the House Courts of Justice Committee. Both also are members of that committee's judicial panel, which selects judges -- including the Rockbridge County General District Court judge who will hear their cases.

That's not such a big deal, said Jeffrey Geiger, an adjunct assistant law professor at the University of Richmond. Otherwise there'd be a problem with any lawyer sitting on that subcommittee.

But there's also the matter of Griffith, who was technically a witness in Kilgore's speeding case, serving as his attorney.

"A lawyer should not undertake a case if he or she believes there's a reasonable chance they'd become a witness in the case," Geiger said.

At the same time, however, this case was only a speeding ticket where Kilgore plans to plead guilty. With two officers -- one on the ground and one in the plane -- available to testify, it's highly unlikely Griffith would be called as a witness.

"I don't think there's a real issue," Geiger said. But "clearly if it had been a higher offense, that would have raised the eyebrows a bit more."