A General District Court Judge in Henrico County has dealt a blow to Virginia’s Abuser Fees:
RICHMOND– A Henrico County judge declared the state’s new abusive driver fees unconstitutional Thursday.
General District Court Judge Archie Yeatts issued the ruling in the case of Anthony Price, who was facing his fifth charge of driving on a suspended license.
With his order, Yeatts instructed Henrico General District Court clerks not to collect civil remedial fees that can reach $1,000 or more for certain driving offenses.
The ruling is binding only in Henrico County but is being immediately appealed to Circuit Court and could eventually reach the Virginia Supreme Court.
No details on the legal basis for the ruling, but the Motion To Dismiss was apparently primarily based on the fact that the fees only apply to Virginia residents.
Further details in this updated story:
A Henrico County judge declared the state’s new abusive driver fees unconstitutional today, ruling that they violate guarantees of equal protection under the law because they apply only to Virginia residents.
“A ‘dangerous’ driver is a ‘dangerous’ driver, whether he or she is a life-long resident of Virginia or simply passing through on his or her way to another state or country,” wrote General District Court Judge Archer L. Yeatts III in a six-page ruling.
Let the litigation begin !
August 2nd, 2007 at 10:12 pm
I thought Governor Kaine was our amigo. He must not like us very much weeth these new abuser fees.