Arlington Judge Rules Against New Abusive Driver Fees|ABC 7 News

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Arlington Judge Rules Against New Abusive Driver Fees

posted 12:18 pm Thu September 27, 2007 - Arlington, Va.

tags: abusive • drivers • fees • arlington

ABC 7 News - Arlington Judge Rules Against New Abusive Driver Fees

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An Arlington County judge is joining others in Virginia who say the state's new abusive driver fees are unconstitutional. District Court Judge Dorothy H. Clarke ruled Tuesday that the extra fees for serious traffic violations violate guarantees of equal protection because they apply only to state residents. Her ruling came in the case of Oscar Reyes Hernandez , who was charged with driving without a license. The law called for him to pay a civil fee of $300 per year for three years in addition to criminal fines.

The ruling is thought to be the first of its kind in northern Virginia. It could still be overturned by a higher court. Similar rulings by district judges in Henrico and Hanover have been reversed by circuit court judges. A case in Richmond is pending.

The fees are expected to raise $65 million a year to help finance a transportation bill approved by the General Assembly.

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Information from: The Washington Post,
http://www.washingtonpost.com

Latest Comment on Arlington Judge Rules Against New Abusive Driver Fees

Lincolnia

3:15 pm on 09/28/07

Bobesoc, were you on 395 or 66? I was trying to understand your explaination. On 66, I believe it is legal to be driving solo, during HOV hours, if you are going to or coming from Dulles Airport. At any rate, if you can, take pictures if it will help your case, say innocent, say road signs/conditions/traffic confused you and you did not mean to enter a HOV restricted lane, etc. A HOV conviction will give you points, so you don't want your insurance to go up. Now if someone is going to or from Dulles taking a package, pick-up or drop-off a passenger, make reservations, pick up an airline ticket or fly, you should be legal on 66 during HOV restrictions or on the Dulles access road. Best Wishes!

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