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 ...

Tagged with: Civil Remedial Fees General Assembly Gov. Tim Kaine

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 ...

Tagged with: Bar Associations Civil Remedial Fees General District Court Law Firms Sanctions Supreme Court of Virginia

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 ...

Tagged with: Civil Remedial Fees General Assembly Gov. Tim Kaine

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 ...

Tagged with: Civil Remedial Fees General Assembly

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 ...

Tagged with: Civil Remedial Fees

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 ...

Tagged with: Civil Remedial Fees Elections

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 ...

Tagged with: Civil Remedial Fees Criminal General District Court

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.

Tagged with: Civil Remedial Fees

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 ...

Tagged with: Civil Remedial Fees

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 ...

Tagged with: Civil Remedial Fees