Virginia’s expensive and reviled bad-driving fees suffered their first legal setback Thursday when a Henrico County judge declared the costly penalties unconstitutional because they do not apply to out-of-state drivers.
General District Judge Archer Yeatts ruled that there is no legally justifiable reason for charging the fees to a Virginian who is stopped for an offense, such as reckless or drunken driving, but not making a Maryland resident pay.
“A ‘dangerous’ driver is a ‘dangerous’ driver, whether he or she is a lifelong resident of Virginia or simply passing through on his or her way to another state or country,” he wrote.
Yeatts’ ruling applies only in Henrico County, meaning motorists cited for serious driving offenses in the rest of the state could still be subject to the fees, which range from $750 to $3,000. Defense lawyers in other parts of the state began preparing constitutional challenges last month and are expected to begin filing in their regions soon.
“A judge in Fairfax could follow the Henrico decision if he agrees with the rationale, but he is notbound to follow it,” said Corinne Magee, a McLean defense lawyer who handles traffic cases.
Yeatts sent his decision to the Henrico County Circuit Court for review, and the case likely will end up before the Virginia Supreme Court.
A ruling from the high court would apply statewide, but the General Assembly could revise or eliminate the fees before a decision is handed down.
Richmond lawyers Craig Cooley and Elizabeth Windmueller asked Yeatts last week to declare the fees unconstitutional on behalf of Richmond resident Andrew Price, who was facing a $750 fee for driving without a license for the fifth time. Yeatts agreed with their argument that the law establishing the fees violated constitutional prohibitions against discrimination.
Legislators and Gov. Tim Kaine exempted non-Virginia drivers because they didn’t think they could collect the fees from out-of-state residents. The fees are considered civil penalties and are not the same as traffic fines. The fees were implemented to raise $65 million a year for road maintenance. If state lawmakers had increased the traffic fines, which would have applied to all drivers, Virginia’s constitution would have required the revenue to go into a fund for school construction.
Kaine declined to comment on Yeatts’ ruling because the decision will be reviewed by higher courts. House Speaker William Howell, R-Stafford, said the ruling “surprised” him because the legislation had been reviewed by the governor’s legal counsel and the state’s Department of Justice before legislators approved it in April.
