Henrico Judge Suspends Driver Fees

By Bill Turque
Washington Post Staff Writer
Friday, August 3, 2007; B01

A Henrico County judge declared Virginia's abusive-driver fees unconstitutional yesterday, ruling that they violate guarantees of equal protection under the law because they apply only to state residents.

The decision, which suspends collection of the fees only in Henrico, was immediately appealed by commonwealth's attorneys. But it represents the opening round in what is expected to be a barrage of court challenges across the state to the penalties, which range from $750 to $3,000 and are meant to help finance a transportation bill that took effect July 1.

The ruling also sent new tremors through the state's elected leadership, which is facing a fall campaign with voters hopping mad about the measure. More than 160,000 people have signed an online petition calling for the fees to be repealed. Gov. Timothy M. Kaine (D) and House Speaker William J. Howell (R-Stafford) issued statements yesterday saying that they are committed to addressing inequities in the law.

One lawmaker called yesterday for Kaine to drop the appeal and suspend the fees until the General Assembly reconvenes in January to consider an alternative. The appeal is headed to circuit court, where a hearing is scheduled for Tuesday.

(Full text here.)