Richmond Times Dispatch has the story.

http://www.timesdisp...

From the article:

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.

This should be interesting the next few weeks and months.

As I live in Henrico, I'm now free to forget to use my turn signal without worrying about a $3,000 felony turn signal abuse fee.  Time for dancing in the streets.

and would like to know how should take a look at, and download, the very helpful motion with citations provided by McLean lawyer Corinne Magee to the Virginia Lawyers Weekly lawblog.  Here's the cite.  I've talked to numerous clerks, a few judges, and a lot of lawyers about these fees, and they're less popular than a root canal.  This Henrico County case is the tip of the iceberg.  Attorneys feel compelled to file motions objecting to the fees on constitutional grounds and, win or lose, those cases are going to be appealed up to the Circuit Court and, win or lose, those cases will be appealed to the Court of Appeals.  There's already an argument going on about whether a general district court even has jurisdiction to make such a ruling.  If something is not done soon about these fees litigation merriment will soon ensue, and we're going to see a huge strain on local court systems.

it will goto the state Supreme court, like Michgan has had to do.

Just because the lower court judge sees it the attorneys way, doesn't mean the higher echelon will(esp. in a state budget crunch). And like I stated in that blog, I'm surprised this judge DID see it their way, but what's to stop the legislature from re-writing the law to include ALL drivers, so it passes constitutional muster, and then passing it again without the voters consent? Then you're right back where you started and will have to file suit all over again.

I still say they did not go far enough in their brief and call it out as being an unconstitutional tax, and an excessive fine that is outlawed under the 8th amendment.

I have Ms. Magee's motion and am just waiting to file it in Scott General District Court, but so far all of my clients are TN licenced drivers. 

In court this morning, we had several driving suspended cases, but these were also TN drivers.

We have a bar meeting Monday.  I plan to offer copies of the motion to the bar.  If we all start filing these motions it could make General District Court very interesting.

There goes (probably) the supposedly big funding for transportation; do you really think the republican no-tax cabal in the Assembly will deliver up a broad-based tax to replace the bastard taxes, I mean fees? Ha.

Again, what we should have had was a tax, broad-based, with a reliable stream of money which could then be bonded. You know, a small addition of a quarter of a percent on the state sales tax.  Even a small addition to the gas tax would work, but not as well because of possible decline in number of gallons sold (more fuel-efficient cars, less driving due to high cost of fuel, etc). Doesn't matter, can you see Speaker Howell endorsing such a tax increase? Bottom line: not much money for tansportation after all. Answer: throw the republican bums out and start over.

The legal wrangling over this is going to take months.  It's not over yet.

Figuring that the court will "handle the matter"...they hope the subject of the convoluted funding mechanism of "abuser fees" will drift away . Now they can get back to their bread and butter "fear and loathing" campaigning:  Immigration, immigration, illegal aliens, and did I mention immigration.

Here's all you need to know about why this issue - transportation funding - needs to be addressed in a logical way, instead of a half-assed way.  By both parties.

From Nick Coleman in today's Minneapolis Star-Tribune:

"For half a dozen years, the motto of state government and particularly that of Gov. Tim Pawlenty has been No New Taxes. It's been popular with a lot of voters and it has mostly prevailed. So much so that Pawlenty vetoed a 5-cent gas tax increase - the first in 20 years - last spring and millions were lost that might have gone to road repair. And yes, it would have fallen even if the gas tax had gone through, because we are years behind a dangerous curve when it comes to the replacement of infrastructure that everyone but wingnuts in coonskin caps agree is one of the basic duties of government."

Sound familiar?  Our prayers should go out to the dead, the injured and their families.  And our righteous anger should be directed at those politicians who, in their zeal for votes, have transformed this great nation into a country with an infrastructure better fitting a banana republic.

Full article here: http://www.startribu...

"The issue of the constitutionality of the abusive driver fees is in litigation, and it is not appropriate for me to comment on pending litigation. 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."

believe that Tim Kaine can stand up, hold hands with Bill Howell and sing kum by ya. Are you KIDDING ME? So much for bi partianship. They've stabbed him in the back now so we can most likely forget the Senate, the House and the governorship. The rethugs will now blame this whole abuser fee (the Governor' s amendment) on the democrats. Is Kaine going to wuss down now and wait around til January to repeal these fees?
This is disgusting. And we wonder why we are constantly in the minority?
Has anyone heard of executive orders? Does Tim Kaine have the b---s to do it? or not?
I, and thousands of other Virginians are mad as hell. And God love the judge in Henrico county for standing up and doing what is right. Obviously our governor can't do it. Oh wait- we need a transportation package. With a 1.2 BILLION DEFICIT?
Someone shoot me now.