Court challenge to Va.’s bad driver fees delayed

The first court challenge to prohibitive fees Virginia is imposing on bad and dangerous drivers was postponed in a Henrico County court late last month.

Anthony Price, charged with his fifth violation for driving on a suspended license, was unaware his citation would have become a test case for challenging the new civil remedial fees that can total several thousand dollars and are assessed only on Virginia residents.

His lawyer said that Price was not present because he did not know that his original Aug. 8 court date had been moved up, and representatives of the commonwealth’s attorney’s office asked for more time, forcing General District Judge Archie Yeatts to postpone the proceeding.

Virginians upset at the size of the fees and outraged that nonresidents don’t pay them have clamored to have the law swiftly struck down by a court or repealed by the General Assembly.

Lawyers and judges across the state had hoped the Henrico hearings might provide the first indication whether the law violates the 14th Amendment guarantee of equal protection under the law. Because nonresidents don’t pay the fees, some defense lawyers say it violates that principle.

The law’s abusive driving penalties target specific traffic offenses committed after July 1. The fees, collected in three yearly installments, range from a total of $750 for driving with a revoked or suspended license to $3,000 for driving-related felonies. They are paid along with some of the nation’s steepest fines.

Also, repeat speeders who accrue at least eight demerit points incur a $100 annual surcharge plus $75 for each point beyond eight. Judges have no power to lower or waive the fees once someone is found guilty. The revenue is earmarked for highway maintenance.