An Arlington General District Court judge declared Virginia’s abusive-driver fees unconstitutional Tuesday, the first such ruling in Northern Virginia and the third in the state since the fees took effect.
The fees, which range from $750 to $3,000 for such infractions as reckless driving, are levied in addition to fines and court costs. Oscar Reyes Hernandez was convicted of failing to obey a traffic signal and driving without a license and faced fees of up to $750. Instead he was fined $100 and must pay court costs of $140 for the July 7 incident.
The attorney general’s office will appeal the decision to Arlington’s Circuit Court,spokesman David Clementson said. Hernandez’s attorney, public defender Doug Wham, did not return a call seeking comment by press time.
Out-of-state drivers are exempt from the fees, and General District Court judges in Hanover and Henrico counties have declared the fees unconstitutional on the basis that they do not apply equally to all drivers. The judges’ rulings, issued earlier this year, have been overturned by their higher circuit courts.
Challenges to the fees have also been raised in traffic courts in Charlottesville, Virginia Beach and Albemarle, Chesterfield, Greene and Halifax counties. The General District Court judges in these areas found the fees constitutional, Clementson said.
The General Assembly exempted out-of-state drivers from the fees because it didn’t think it could force non-residents to pay a civil penalty. Legislators and Gov. Tim Kaine agreed on the fees in April to raise $65 million annually for road maintenance.
Attorney General Bob McDonnell disagrees with exempting out-of-state drivers but is defending the cases because his office is required to defend Virginia laws, Clementson said.
Kaine and leading legislators have committed to changing the legislation to include out-of-state residents when the General Assembly meets next year, regardless of the outcomes of the court cases.
