McLean lawyer Corinne Magee has a legal argument that the new civil remedial fees for abusive drivers are unconstitutional, and she isn’t keeping it a secret.
She has made it available to her colleagues in the Virginia Association of Criminal Defense Lawyers — and to Virginia Lawyers Weekly. Click here for a copy of her draft motion, which includes argument and citations.
The motion contends that the fees are unconstitutional for two reasons: they are a separate punishment and therefore violate the Double Jeopardy Clause, and they violate the Equal Protection Clause because they apply only to Virginians and not to out-of-state residents.
This coming Monday’s paper (the 7/16 issue) has an article about the fees and the criticisms and tactics of a general district court clerk and traffic defense lawyers.