The legal circus surrounding Virginia’s bad-driving fees continued Monday as a judge decided the expensive financial penalties are constitutional, overturning a lower court decision.

Henrico County Circuit Judge L.A. Harris ruled that the fees’ constitutionality “should not be scrutinized under a ‘fair’ or ‘politically correct’ standard.” Instead, the lower court must decide whether any rational basis for exempting out-of-state drivers can be found. State prosecutors have argued it is rational to penalize only Virginians because they cause more wear and tear on the commonwealth’s roads than residents of other states.

Richmond lawyers Craig Cooley and Esther Windmueller, on behalf of a client facing a $750 fee for driving on a suspended license, argued last month in Henrico General District Court that the fees illegally discriminate against Virginians. Windmueller said she and Cooley have several options to fight the fees, including asking the state Supreme Court to intervene.

“We are going to bring up some new things, but I want to do some more research before I talk about what we might argue,” Windmueller said.

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Monday’s decision overturned the first ruling invalidating the controversial fees, which were implemented to raise $65 million a year for road maintenance. A Richmond General District Court judge also has nixed the fees, and an Arlington County General District judge will be asked next Monday to throw out the fees., which range from $750 to $3,000 based on the offense’s severity.

More local challenges are expected until the Virginia Supreme Court rules on the constitutional issues or the legislature changes the law.

A new challenge emerged Monday as lawyers representing an 81-year-old woman charged with reckless driving filed a court challenge in Roanoke. The lawyers, whose client is facing at least a $1,050 fee, contend the sanctions violate the constitutional separation-of-powers requirements and discriminates against people who cannot afford to pay. Motorists who do not immediately pay at least one-third of the fine upon conviction automatically lose their driver’s license.

jrogalsky@dcexaminer.com