Judge rules Va. driving fees unconstitutional

Thursday, Aug 02, 2007 - 11:50 AM Updated: 02:02 PM


Virginia's so-called bad driver fees today failed the first of what is expected to be a series of court challenges.

Henrico General District Judge Archer L. Yeatts III, in a brief hearing this morning, said the measure passed by the most-recent session of the General Assembly was unconstitutional.

Yeatts referred the matter to Henrico County Circuit Court, where it is likely to get a hearing as early as next week, court officials said.

Yeatts ruled in the matter of Anthony O. Price, a 23-year-old Henrico man whose case is apparently the first to be contested since the fees became law July 1.

Arrested July 2 for driving without a license, Price was convicted last week and sentenced to a mandatory 10 days in jail and a fine of $250. The fees could raise his costs by $750.

The fees have been hailed by some as being capable of producing more than $60 million a year in road fund money.

But Gov. Timothy M. Kaine and legislative leaders are scrambling to reassess the fees as public opposition mounts.

Because the law affects only in-state drivers, Price's attorneys say it is discriminatory and violates the equal protection clause of the Constitution.

But prosecutors say lower courts don't have the power to throw out laws on constitutional grounds, especially when the laws have a rational foundation.

Price is among the first to feel the bite of the new fees, but he's no stranger to the courts. This is the sixth time he has faced charges of driving without a license, according to court records.

Kaine last week called Price one of "these really egregious violators" whom the fees are supposed to ensnare.