The Virginia Lawyers Weekly Blog is reporting that one Northern Virginia lawyer is already gearing up to challenge the abuser fees that went into effect on July 1:
McLean lawyer Corinne Magee has a legal argument that the new civil remedial fees for abusive drivers are unconstitutional, and she isn’t keeping it a secret.
(…)
The motion contends that the fees are unconstitutional for two reasons: they are a separate punishment and therefore violate the Double Jeopardy Clause, and they violate the Equal Protection Clause because they apply only to Virginians and not to out-of-state residents.
A copy of the draft brief can be found here (PDF file).
Magee was also one of the attorneys who came up with a Constitutional argument against Virginia’s DUI statute that was accepted by at least one Fairfax County General District Court Judge two years ago. As far as I know, that issue has not made it’s way to the Supreme Court of Virginia yet.
