A Circuit Court Judge in Henrico County broke a trend today and ruled that Virginia’s abusive driver penalties do not violate the Constitution’s Equal Protection clause:
RICHMOND, Aug 13 — A circuit court judge in suburban Richmond ruled today the state’s steep fees on bad drivers are constitutional, reversing a lower court decision that found fees violated the equal protection clause of the U.S. Constitution.
In a written opinion, Henrico County Circuit Court Judge L.A. Harris Jr. said he believes Virginia can exclude out-of-state motorists from the fees without unfairly targeting in-state motorists who have to pay them.
Harris said it is reasonable to expect Virginia motorists to have to pay more to keep up highways in the commonwealth than those motorists who are just passing through. The controversial fees, which can approach $3,000, are assessed on felony and misdemeanor traffic offenses, such as driving more than 20 miles over the speed limit.
“This law should not be scrutinized under a fair or political correct standard, but must be analyzed under the aforementioned rational basis,” Harris wrote. “Although reasonable people can differ on the appropriate conclusion . . . This court finds that there is a conceivable rational basis for this legislation’s classification.”
Harris’ decision is expected to be quickly challenged in the appellate courts, which will likely have the final say on whether the fees are constitutional.
Next stop, the Supreme Court of Virginia.
A copy of the Judge’s opinion can be found here.
August 13th, 2007 at 1:04 pm
Question, Doug (and as a Virginia lawyer, you can answer this better than I): does this go directly to the Virginia Supremes, or to the Virginia Court of Appeals?
August 13th, 2007 at 1:07 pm
Assuming that this ruling was part of a criminal/traffic case and not an independent civil suit filed to have the law declared void, then it would go to the Court of Appeals first.
If it was a civil case asking for a Court declaration, then I’m fairly certain it would go directly to the Supreme Court.
And, with respect to the Virginia Supreme Court, keep in mind that, except in limited case, there is no appeal of right to the Supreme Court. You have to file a Petition for Appeal first, and many of those are not granted. In this case, though, given the issue, I assume the Court would take the appeal.
August 14th, 2007 at 10:25 am
My experience in Virginia courts was limited to a civil matter in which I had local counsel. Other side filed a cert. petition, which was denied. Odd procedure: they got to orally argue in favor of the petition, but I was allowed only a written opposition.