In what appears to be the first ruling in Hampton Roads on civil remedial fees, Virginia Beach General District Judge Calvin Depew Jr. has found them to be constitutional.
The Virginian-Pilot reports that Depew heard arguments Friday in a misdemeanor aggressive driving case and issued an opinion late Tuesday.
General district judges in Hanover and Henrico counties and the city of Richmond have ruled that the fees are unconstitutional because they apply only to Virginians but not to out-of-state residents.
However, circuit judges in Hanover and Henrico reversed the lower court judges, and Richmond Circuit Judge Walter W. Stout III heard arguments last week in an appeal of the city case.
Depew’s opinion is at the VLW Web site along with other articles and opinions on civil remedial fees.