Even if a Richmond-area judge declares Virginia’s stiff bad-driving fees unconstitutional this week, the decision may not immediately save motorists in other regions from paying the financial penalty.

Judge Archer Yeatts has scheduled a Thursday hearing in Henrico County General District Court to announce his ruling, which is almost certainly going to be appealed to the Circuit Court no matter which way it goes. If he finds the fees unconstitutional, the ruling would only influence judges in Henrico County.

“Only decisions from the Court of Appeals or the Virginia Supreme Court have statewide impact,” said Corinne Magee, a McLean defense lawyer. “Judges in Fairfax County could decide not to follow the General District Court decision if they do not agree with the rationale behind it.”

Until the Henrico case makes its way to the Supreme Court, which could take a year, motorists could be treated very differently depending on which county they committed their violation or even the judge presiding over their case.

This story continues below
Advertisement

Magee said she plans on challenging the fees’ constitutionality in a Fairfax County court as soon as she finds a client willing to be used as a test case.

Drivers may not see relief from the General Assembly, either. Leading legislators and Gov. Tim Kaine have resisted calls from a growing number of rank-and-file lawmakers from both parties to scrap the fees. Instead, they have promised to remove some minor misdemeanors from the list of crimes that carry a fee and to find a way to apply the penalties to out-of-state drivers. Full or partial refunds of the fees have also been discussed.

During a Thursday appearance on a Richmond radio station, Kaine said the Henrico County driver challenging the fees’ constitutionality is one of “these really egregious violators” who should pay extra for violating the commonwealth’s driving laws. The driver, Anthony Price, pleaded no contest to driving with a suspended license for the fifth time last week.

“This was part of a comprehensive transportation package to try and raise money for transportation, and you got a lot of citizens out there that say, ‘By gosh, don't raise our taxes, find money another way,’” the governor said regarding the fees. “Be careful what you wish for.”

jrogalsky@dcexaminer.com