Abuser Fee Decision Reversed by Circuit Court

By: Lowell
Published On: 8/13/2007 5:34:39 PM

This is bad news, unless you are one of the 100 10 very few people who actually LIKE the "abuser fees":

A circuit court judge in suburban Richmond ruled today the state's steep fees on bad drivers are constitutional, reversing a lower court decision that found fees violated the equal protection clause of the U.S. Constitution.

In a written opinion, Henrico County Circuit Court Judge L.A. Harris Jr. said he believes Virginia can exclude out-of-state motorists from the fees without unfairly targeting in-state motorists who have to pay them.

As Ben Tribbett points out, "A dark Dave Albo cloud now has settled in over every locality except the City of Richmond where the fees remain struck down."  Ben further notes that "ALBO IS A TRAFFIC LAWYER WHO BENEFITS FROM THESE FINES FINANCIALLY AND THEN CAN UN-APPOINT ANY JUDGE WHO STANDS IN THE WAY OF THESE FINES."

This entire situation is utterly disgusting.  This November, it is REALLY time for a change in Richmond!

[UPDATE: Raw Fisher has some thoughts.]


Comments



Too bad nobody is running against Albo.... (bladerunner - 8/13/2007 8:05:13 PM)
the young frat boy goes un opposed again!!


ALBO the RINO (ScottyWest1 - 8/13/2007 9:04:49 PM)
that is true wish even a Dog would run agaisnt ALBO the RINO.

Albo thinks raising fees by ticketing VA residence will solve the congesstion problem in his backyard he is sadly mistaken... you can't go over 25 mph most of the time on 66, 495, 395, 95...

We should all right someone in against Albo... Albo is worthless...



Write In Against Albo (not mark sickles - 8/13/2007 9:30:45 PM)
Has anybody thought about organizing a write-in campaign against Albo?  Granted, it likely would be doomed to lose, but it would send a message and it would also help the Dem Senate candidates in Hang 'Em High Dave Albo's district.

As a second thought, according to the Wash. Post description of the Henrico Circuit Court decision, the judge said that Equal Protection is not violated because the law is sufficiently narrowly tailored so that the Virginians who use Virginia's roads are the ones paying for road improvements with the abuser fees.

What?  Does this mean that non-Virginians should also be exempt from paying the state gas tax because they should not pay for roads that are funded with those revenues?  Excuse me, but if non-Virginians are using Virginia's roads, then they should pay their share towards those roads, just like Virginians are expected to.

I understand that the judge also said that the practicalities of enforcing against abuser fees against non-Virginians was a factor in the decision.  While the state might not actually collect a great percentage of the fees from non-Virginians, certainly nothing would stop DMV from sending them bills.  After all, the state would already have their addresses and vital information from the citations issued by the arresting officers.

And, heck, a lot of non-Virginians would pay the money because, agree with the law or not, they would want to be law-abiding citizens and not have an outstanding unpaid fine.



Rush to fame (Emperor Palpatine - 8/13/2007 11:30:09 PM)
These attorneys who made this argument rushed in head over heal after I had warned them it wouldn't work. I had contacted the 2 who were rep. this man, but they didn't reply. But one other did and said she had contacted Guikema in Michigan and discussed the matter, and thought their 1 man bandstand against "equal protection" would still work. Well they were wrong, and I told them so. But they wanted to rush in and get their name in the paper first, and they screwed it up.

You see, Guikema already tried that defense here in Michigan, and the appeals court shot it down. So he had to revise his brief and now it's in the hands of our state supreme court. And I guarantee you, VA will probably have to wait it out for a few years until it gets to that level too. Because the VA govt. isn't going to chop off their hand once it's been in your cookie jar. Short of kicking the governor out of office and replacing him, there's really nothing that can be done short of the NUMEROUS lawsuits that are pending. And I applaud the attys. in VA for being so bold and fierce. Because MI has just been bending over and taking it for so long, but hopefully we should know the outcome soon.

The best lawsuit argument I've read so far is the one being proposed by former VA legislators I believe, decrying it as an excessive fine outlawed under the 8th amendment, like I have been stating they should have challenged it as all along, among other illegal tax scheme lines of this law. And they will rewrite it, to collect from out of staters. The way MI does it is they let the TREASURY send you the bill, not the DMV. And the treasury will steal from your piggy bank without consent like they've done to so many people here. You tax refund isn't off limits either.



Get the Argument Right (k8 - 8/14/2007 1:19:01 AM)
From the beginning I've thought that it was not a good argument to use the fact that out-of-state drivers didn't have to pay the fees.  I knew that if they fixed that one, we'd still be stuck with terribly expensive fees.

The real issue that should be argued is that these fees are way too excessive for the offense committed.  We currently have very steep fines for every one of these driving infractions.  To add these excessive fees on top of the expensive fines that are already on the books is way over the top.  That's the argument that has to be used.



i repeat.. (pvogel - 8/14/2007 6:20:26 AM)
Excluding out of staters will lead to having a divergence in speed.

Virginians will trend toward the limit, everybody else will go 95 on 95.

There will be more crashes, more maimed people, more death.

Thats the fact, jack.



Interesting point (Catzmaw - 8/14/2007 11:15:47 AM)
I personally don't think the equal protection argument is a bad one.  The Circuit Court judge may not have bought it, but his reasoning about Virginians' use of our road system versus out of staters' use of the roads is specious.  So a Virginian who drives once or twice a week uses our roads more than the tens of thousands of out of state commuters, shoppers, and tourists who drive through our state?  What about the thousands of military people who claim residence elsewhere but are actually living and working here? 

The real issue is that the law has established two classes of people who are engaged in a particular behavior, and they're treating those two classes disparately and discriminatorily.  If this reasoning stands you're going to see more Virginians registering their cars with accommodating friends and relatives across the border or claiming out of state citizenship.  It's an invitation to fraud.



This has been bothering me for a while now (Silence Dogood - 8/14/2007 10:29:35 AM)
But can we please have a better graphic for David Albo?  The whole cryptic anagram thing that's ultimately meaningless keeps distracting my eye while I try and actually read the meaningful stuff.

If his name coincidentally could be rearranged to spelling "lying sleazebag," that would be one thing, but "a bad love" sounds like I don't approve of your boyfriend and wish you were going out with me instead...WHY KIM, WHY?! *sobbing*



This is from "Albo Must Go!" (Lowell - 8/14/2007 10:33:45 AM)
They're going to be really hurt that you don't like they're animated gif.  Personally, I think it's pretty funny, although not as funny as the thought of Albo representing his district.


"although not as funny as the thought of Albo representing his district" (Silence Dogood - 8/14/2007 11:21:23 AM)
Zing!  Although isn't that technically schadenfreude?  As in, the taking pleasure in the misfortunes of others, in this case the poor folks who happen to live in the 42nd HOD district?

I guess it's a matter of personal taste.  Anagrams by themselves are not clever to me unless they reveal something ironically meaningful, and Bad Love is just too much of a stretch for my tastes. On the other hand, the Dutch in me often finds schadenfreude hilarious--but usually only when the other person deserves it.