The VLW Blog

It’s official. The civil remedial fees for motorists convicted of driving crimes ended today with the signature of Gov. Tim Kaine on Senate Bill 1 and House Bill 1243. The emergency legislation provides for refunds for those who have already paid a portion of the fees and excuses them from further payment. It even provides [...]

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Handed down a year ago, the decision in Ford Motor Co. v. Benitez was one of the top legal news stories in 2007. In Benitez, the Supreme Court of Virginia upheld a $2,000 sanction against a defense attorney who, after discovery and a nonsuit in a products liability case, continued to press affirmative defenses with [...]

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So much for bipartisanship. All members of the Senate Courts of Justice Committee appeared to agree yesterday about the best response to the state’s much-maligned civil remedial fees: repeal them as soon as possible and make refunds to those who have paid them already. Somehow, however, the committee split along partisan lines, 8-7, on several [...]

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Civil remedial fees, also known as “abusive driver” fees, were a big deal in 2007. Designed as a way to raise money for roads without raising taxes, the fee scheme assessed big bucks for certain driving offenses. But only against Virginia residents. Negotiated between the governor’s office and leaders in the General Assembly, the program [...]

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A civil challenge to Virginia’s abusive driving fees remains alive in Roanoke County Circuit Court. Judge James R. Swanson ruled Wednesday that the doctrine of sovereign immunity does not bar a request for a declaratory judgment on the constitutionality of Virginia Code § 46.2-206.1, which established the fees as part of a $3 billion package [...]

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The furor over Virginia’s new scheme of civil remedial fees aimed at “abusive drivers” was loud during the summer, and some politicians, mostly Republicans concerned about keeping their majority, worried the fees would be a campaign issue this fall. The hubbub has died down, but some in the GOP worry about a last-minute push in [...]

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Narrow legal analysis may be a more effective way to attack Virginia’s civil remedial fees than broad constitutional and public policy arguments. That could be a lesson from the case of Rajesh Cherkukuri, an Indian national who was convicted earlier this month of drunken driving in Prince William County. Cherukuri has a Virginia driver’s license [...]

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Arlington General District Judge Dorothy Clarke ruled Tuesday that the state’s new fees for “abusive drivers” are unconstitutional. Clarke bought the defendant’s equal protection argument. The scheme applies only to state residents. The Washington Post has the story.

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A Roanoke County circuit judge has rebuffed a request to stop statewide collection of “civil remedial fees” from “abusive drivers.” The Roanoke Times reports that Judge Jim Swanson denied an injunction to a team of lawyers representing several drivers who face assessment of the new hefty fees. The judge expressed some skepticism about their lawsuit [...]

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Yet another general district judge has upheld Virginia’s new scheme of “civil remedial fees” for “abusive drivers.” This time, the venue is Chesterfield County. The Richmond Times-Dispatch reports that Chesterfield General District Judge Philip V. Daffron has ruled that the statute establishing the fees is constitutional. Turning back a challenge by five drivers, Daffron found [...]

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