Thursday, August 09, 2007
'Abusive driver' fees ruling still pending
A judge hasn't decided yet if the fees that apply only to Virginia drivers are unconstitutional.
Related
roanoke.com/politics
RICHMOND -- A Henrico County Circuit judge heard arguments Wednesday on a challenge to Virginia's controversial "abusive driver" fees, but made no decision on whether to uphold a lower court ruling that the fees are unconstitutional.
Judge L.A. Harris said he will try to decide within a week on an appeal filed by prosecutors in the case of Anthony Price, who could face a cumulative civil remedial fee of $750 for his fifth offense of driving with a suspended license.
A Henrico General District judge last week ruled that the fees, which took effect July 1, are unconstitutional because they apply only to Virginia drivers. That ruling marked the first time a court has thwarted the state's effort to impose the fees. Prosecutors appealed the ruling to the circuit court.
A Richmond General District judge also has ruled that the fees are unconstitutional, but that ruling has not yet been appealed. A lawsuit also has been filed in Richmond challenging the abuser fees and other aspects of a patchwork transportation funding bill passed earlier this year by the General Assembly.
The licensing fees apply to serious violations such as reckless driving, drunken driving and driving with a suspended license. The fees run as high as $3,000 for a felony offense. And, because the fees are tied to a driver's license, they apply only to Virginia drivers.
Lawmakers included the fees in an omnibus transportation funding bill, and Kaine amended the measure to specify that the fees would apply only to licensed Virginia drivers. Revenue from so-called "abusive driver" fees are designated for highway maintenance.
In response to citizen outrage over the fees, some lawmakers have vowed to repeal them in the upcoming General Assembly session. Others have said they will try to amend the law to apply the fees to out-of-state drivers, even though the state would have limited ability to collect the penalties.
Henrico Chief Deputy Commonwealth's Attorney Duncan Reid argued Wednesday that state lawmakers had at least three "rational" reasons for applying the fees only to Virginia drivers. Reid said lawmakers could have concluded that Virginia drivers impose greater costs on state roads, that Virginia drivers would benefit most from the revenue and that the fees would be difficult to collect from nonresidents.
Defense attorney Craig Cooley disputed the argument that out-of-state drivers should be exempt solely because Virginia would have difficulty collecting the fees.
"Just having difficulty collecting it is not a rational basis not to assess it," Cooley said.
