Virginians take note...

Aug 02, 2007 16:16

The "abusive driver fees" have been declared unconstitutional in Henrico county in VA...which sets the stage to have them declared unconstitutional throughout the state.

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lionsden August 3 2007, 15:10:00 UTC
Yep, we'll see if it holds up. Personally, I'm not forgiving of the guy who got this ruling (5 times suspended license!!). But, I tend to believe that he's already being penalized for that based on existing fees. This tacked on fee to bolster the transportation budget borderlines on "cruel & unusual" for those who are not wealthy, let alone the unconstitutional aspect.

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nordiclizard August 2 2007, 21:40:14 UTC
I wouldn't get too excited about this.

New Jersey and Michigan both have similar programs and thus have set a precedence. New Jersey's fees have existed since 1983 and have faced similar legal challenges. Michigan's have been around since 2003 and is currently in appeal at the state supreme court level, but they are still in effect for the time being.

Based on this precedent, I do not see the fees being suspended state wide, and I would expect the judge declared them unconstitutional to be quickly overturned.

Even if these fees are eventually overturned or repealed (by the judiciary or the legislature), the state needs money and will come up with ways to do it one way or another. Raising sales tax, property tax or something else significantly will likely occur if this measure is defeated or they can't raise enough money through it.

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lionsden August 3 2007, 15:44:00 UTC
Not really excited per se...just irritated for several reasons. I haven't (knock on wood) ever had a ticket, so this isn't necessarily going to hurt me. If people weren't making such a big deal out of it, though, most of us wouldn't know about the additional fees until one of us was caught for something. I prefer a little more visibility in my gov't ( ... )

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