MalahatTwo7
08-02-2007, 04:38 PM
Make this kind of declaration, if this has become "Law"? I ask because it seems strange that a lower court can do this.
Judge Strikes Down Va. Abusive Driver Fees
Fees Declared Unconstitutional
POSTED: 11:49 am EDT August 2, 2007
UPDATED: 1:14 pm EDT August 2, 2007
RICHMOND, Va. -- A Henrico County judge declared the state's new abusive driver fees unconstitutional on 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.
Related: Politalk: Discuss This Latest Development | Take Survey (http://boards.nbcuni.com/politalk/index.php?showtopic=181)
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.
The fees have prompted protests from Virginians outraged that they apply only to state residents. Price's lawyers argued at a hearing last week that forcing him to pay $750 in fees that don't apply to people who live outside Virginia violates the 14th Amendment's guarantee of equal protection under the law.
Since the fees took effect July 1, critics have called for their immediate repeal in a special legislative session. Gov. Timothy M. Kaine opposes a special session but has suggested legislators revisit the law in the regular session that begins in January.
Kaine said in a statement released Thursday that whether the courts find the law constitutional, he is "committed to addressing the concerns Virginians have raised about this law."
The General Assembly passed the fees this year to help endow the first major transportation funding law in a generation. They range from the fee Price initially faced -- three annual installments of $250 -- to $3,000 over three years for driving-related felonies.
Because lawmakers wanted the revenue for highway maintenance, they enacted the surcharges as fees, which Virginia is powerless to collect outside its boundaries. The state can collect fines from out-of-state motorists, but the state Constitution requires those revenues to be used exclusively for education.
Stay with News4 and nbc4.com for more information.
Previous Stories:
July 26, 2007: Judge Hears Arguments In Abusive Drivers Fees Case
July 19, 2007: Va. Leaders Defend Abusive Driver Fees, Pledge Repairs
July 17, 2007: Virginians Push For Bad Driver Fees Repeal
July 5, 2007: 'Abusive Driver Fees' Likely To Face Court Challenge
Copyright 2007 by The Associated Press.
The sad thing is, intrinsically I agree with the additional charges, but I feel that they should apply to EVERYONE, not just state residents. You PAY before you leave the state.
Judge Strikes Down Va. Abusive Driver Fees
Fees Declared Unconstitutional
POSTED: 11:49 am EDT August 2, 2007
UPDATED: 1:14 pm EDT August 2, 2007
RICHMOND, Va. -- A Henrico County judge declared the state's new abusive driver fees unconstitutional on 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.
Related: Politalk: Discuss This Latest Development | Take Survey (http://boards.nbcuni.com/politalk/index.php?showtopic=181)
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.
The fees have prompted protests from Virginians outraged that they apply only to state residents. Price's lawyers argued at a hearing last week that forcing him to pay $750 in fees that don't apply to people who live outside Virginia violates the 14th Amendment's guarantee of equal protection under the law.
Since the fees took effect July 1, critics have called for their immediate repeal in a special legislative session. Gov. Timothy M. Kaine opposes a special session but has suggested legislators revisit the law in the regular session that begins in January.
Kaine said in a statement released Thursday that whether the courts find the law constitutional, he is "committed to addressing the concerns Virginians have raised about this law."
The General Assembly passed the fees this year to help endow the first major transportation funding law in a generation. They range from the fee Price initially faced -- three annual installments of $250 -- to $3,000 over three years for driving-related felonies.
Because lawmakers wanted the revenue for highway maintenance, they enacted the surcharges as fees, which Virginia is powerless to collect outside its boundaries. The state can collect fines from out-of-state motorists, but the state Constitution requires those revenues to be used exclusively for education.
Stay with News4 and nbc4.com for more information.
Previous Stories:
July 26, 2007: Judge Hears Arguments In Abusive Drivers Fees Case
July 19, 2007: Va. Leaders Defend Abusive Driver Fees, Pledge Repairs
July 17, 2007: Virginians Push For Bad Driver Fees Repeal
July 5, 2007: 'Abusive Driver Fees' Likely To Face Court Challenge
Copyright 2007 by The Associated Press.
The sad thing is, intrinsically I agree with the additional charges, but I feel that they should apply to EVERYONE, not just state residents. You PAY before you leave the state.