Attorneys for an 81-year-old woman filed suit today in Roanoke County Circuit Court to block enforcement of Virginia’s civil remedial fees. The attorneys—John P. Fishwick Jr. and John E. Lichtenstein of Roanoke and Charles Van Hoback of Salem—contend that Virginia ...

Tagged with: Civil Remedial Fees Constitutional

In Commonwealth v. Price, an opinion released this afternoon, Henrico County Circuit Judge L.A. Harris Jr. upheld the civil remedial fees for “dangerous drivers” under Virginia Code § 46.2-206.1. Defendant Anthony O. Price argued the fees are unconstitutional, in that ...

Tagged with: Civil Remedial Fees Constitutional General District Court

The next battleground for the fight over the commonwealth’s new scheme of “civil remedial fees” for “abusive drivers” will be Arlington. Maybe. Charles Mason, a Navy veteran, has been charged with driving 75 mph in a 55 mph zone. He ...

Tagged with: Civil Remedial Fees Constitutional General District Court Traffic Offenses

The first circuit judge to consider the constitutionality of Virginia’s civil remedial fees said he hopes to rule next week. Henrico Judge L.A. Harris Jr. heard brief arguments today from prosecutor Duncan P. Reid and from defense attorney Craig S. ...

Tagged with: Civil Remedial Fees Constitutional General District Court Traffic Offenses

Two days. Two rulings that Virginia’s civil remedial fees are unconstitutional. Yesterday, it was Henrico General District Judge Archer L. Yeatts III, who acknowledged that he is obliged to enforce the law if there is any rational basis for it. ...

Tagged with: Civil Remedial Fees Constitutional General District Court Traffic Offenses

A defendant who submits to a DNA mouth swab in one case can’t prevent prosecutors from using it to solve a cold case, according to a new decision from the Virginia Court of Appeals. In Pharr v. Commonwealth (VLW 007-7-239), ...

Tagged with: Constitutional Criminal Virginia Court of Appeals