Posted on 08/02/2007 5:11:43 PM PDT by Daffynition
Virginia District Court Judge Strikes Down Ticket Tax
A Virginia general district court judge struck down as unconstitutional the fees that raised the maximum punishment for speeding to $3550.
Judge Archer YeattsIn the first case of its kind, a Henrico County General District Court judge today struck down as unconstitutional the Virginia's controversial speeding ticket tax that had been in effect since July 1. Judge Archer L. Yeatts, III ruled that the civil remedial fees violated the equal protection clause by applying additional, mandatory fines of up to $3000 on Virginia drivers, but not out-of-state drivers who may have committed the same driving violation (fee description).
"A 'dangerous' driver is a 'dangerous' driver, whether he or she is a life-long resident of Virginia or simply passing through on his or her way to another state or county," Judge Yeatts wrote. "The court rejects the speculations postulated by the commonwealth, and mindful of its obligation to do so, has exhausted its speculation quotient in trying to conceive of any others that would be a rational basis for the distinction between resident and non-resident 'dangerous drivers.'"
The state's legislative leaders quickly issued statements indicating surprise and underscoring their resolve not just to maintain the "abuser fees" but to expand them to generate additional revenue from out-of-state drivers. The move comes despite the plea of just under four percent of the state's active, registered voters who have signed a petition demanding the law's unconditional repeal (view petition).
"Whether the courts find the law constitutional or not, as a policy matter I am committed to addressing the concerns Virginians have raised about this law, including its application to out-of-state drivers," said Governor Tim Kaine (D).
Virginia Speaker William J. Howell (R) likewise stood by the fees, despite growing discontent among members of the House of Delegates. (View a list of delegates calling for repeal of the fees.)
"I am surprised by today's holding in the Henrico County District Court," Howell said. "Prior to its passage by overwhelming bipartisan majorities of the legislature on April 4 of this year, the legislation was thoroughly and painstakingly reviewed by both the Kaine Administration and the Office of the Attorney General, among other legal experts."
Today's court decision only applies to motorists stopped in Henrico County. Other jurisdictions will continue to collect the fees unless an appeals court or the state supreme court issues a ruling that matches the conclusion reached by Judge Yeatts. A similar battle over a window tinting law in Georgia ended in 2004 with that state's supreme court striking down a law that only applied a punishment to in-state drivers, in the same way as Virginia's civil remedial fees.
"The distinction drawn by the statute violates the constitutional guarantee of equal protection of the laws because it distinguishes between similarly situated persons, drivers of cars registered in Georgia, on a basis which bears no reasonable relation to the purpose of the statute," the Georgia court wrote.
The full text of the ruling is available in a 230k PDF file at the source link below.
Source: Virginia v. Price (Henrico County, Virginia General District Court, 8/2/2007)
Find other ways of generating revenues if you ask me. Remove the 60 years of asinine regulations placed upon small businessmen and repeal or severely reduce the taxes being imposed upon their citizens.
Just a thought though I am sure it will be too simple for those eggheads that think everything is complicated.
I can assure you that I will not be visiting Virginia so long as they keep this stupid law on the books. I understand that it is not being enforced at this moment but as long as it is there the ruling can be reversed and it can be used.
JMHO
Right on. Highway speed limits as typically enforced are nothing more than a driving tax - and an inconsistent and unevenly applied tax at that. If they need the revenue that badly, raise the gas tax 10 cents.
All those troopers camped out by the highway making 70 in a 55 revenue stops could be cracking down on dangerous driving instead. Or better yet, fired and working a private sector job that has customers instead of victims.
The previous thread on today’s ruling indicated this was “The case of Anthony Price, who was facing his fifth charge of driving on a suspended license.”
I don’t know if he was speeding or not, but jail is the only effective way I can think of to get this alleged offender off the road.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
No one has ever convinced me why I as a tax paying motorist should share any road with a freeloading bike rider who contibutes NOTHING to the construction or upkeep of those roads. NOTHING, absolutely NOTHING do they contribute.
The law does not apply to any driver in the state of Virginia who is not a registered Virginia driver.
You could drive drunk on I95 at rush hour backwards at 120mph and if you do not have a Virginia license, you can’t be slapped with the enhanced “tax.”
Sure they do, they contribute to your insurance premiums when they’re crippled by 20lbs of bike vs 3500lbs of sedan.
I can respect people biking as an alternative to driving to actually get somewhere, but the spandex covered fruitcakes who think they’re Lance Armstrong while obstructing the road need to get a life.
Without knowing what his license was suspended for, it's hard to know the level of danger this person poses on the road. It's quite possible that it was suspended because he's a menance, but unless I see something stating otherwise I'd also think it possible that it was suspended because he got a fine he couldn't pay and his only realistic alternatives were (1) drive without a license, or (2) quit his job.
I'll admit that most people who get caught repeatedly driving on a suspended license probably pose a public danger, but that doesn't mean that all do. Further, "get tough" programs often lump dangerous people with non-so-dangerous ones, rendering classifications meaningless.
I agree 100%. If bikes want to use the road, let them pay registration fees like we do for cars.
Sorry to say but if I were ever stopped in VA for speeding I would never bother to pay the ticket.
Now if they would do something about those infernal ticket-by-mail red light and speed cameras.
“...the spandex covered fruitcakes..”
Yesss!
People in this country have a right to peaceably travel from place to place in or on any contemporary conveyance.
So no bicycle should ever roll over public property?
“I can respect people biking as an alternative to driving to actually get somewhere, but the spandex covered fruitcakes who think they’re Lance Armstrong while obstructing the road need to get a life.”
Oh no, it’s the bicyclist Nazis. My brother is not a fruitcake and doesn’t obstruct the road. And he was nearly killed when an idiot like you ran him off the road.
“If they need the revenue that badly, raise the gas tax 10 cents.”
This is absolutely right, although it doesn’t even need to be 10 cents. This is a user fee. You use the roads, you pay to use them. You use them a lot, you pay more. You don’t use the roads, you don’t pay. To me, that’s conservative. However, the legislators in Virginia, a Republican majority, won’t go there.
“All those troopers camped out by the highway making 70 in a 55 revenue stops...”
In Virginia, if you stay under that 15 mph over the speed limit on highways, you generally won’t get a ticket. Not a guarantee of course, but 9 times out of 10. And in most parts of Virginia, if you’re going more than 15 over, you’re a menace and deserve a ticket.
Well, law is law but common sense says bikers shouldn’t play physically unprotected on the same playground as 4000 lb moving masses. After all you have limited mobility, and no protection and are putting your life in the hands of idiot drivers talking on cell phones and fiddling with their CD player.
It’s just a matter time.
Try a different tack, this one won't work.
Gee, I just love it when I see allege conservative supporting higher taxes. Makes me feel that there is such a tremendous difference between the too dominant socialist parties in this country.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.