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Ruling just in: Civil fees found unconstitutional
Posted by: boudreaux ()
Date: August 02, 2007 03:12PM

Here's a link to a story on the first challenge to the new fees that took place in Henrico county today:

http://www.wsls.com/servlet/Satellite?pagename=WSLS%2FMGArticle%2FSLS_BasicArticle&c=MGArticle&cid=1173352234988&path=!news!localnews



Edited 1 time(s). Last edit at 08/02/2007 03:16PM by boudreaux.

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: ffxn8v ()
Date: August 02, 2007 03:42PM

Good (riddance)!

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: 4wheeler ()
Date: August 02, 2007 03:56PM

poor innocent guy... i feel for him. Not his fault...video games or prozac made him do it.

Arrested July 2 for driving without a license, Price was convicted last week and sentenced to a mandatory 10 days in jail and a fine of $250. The fees could raise his costs by $750.

Price is among the first to feel the bite of the new fees, but he's no stranger to the courts. This is the sixth time he has faced charges of driving without a license, according to court records.

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: bdimag ()
Date: August 02, 2007 04:55PM

I swear my friend got cought without a liscense 3 times.. and went to jail for longer.. like 30 days.. 15 served..

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: trogdor! ()
Date: August 02, 2007 05:46PM

We'll see how this plays out, until then I'll refrain from saying "I told you so" (but I did just say it).

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: cw ()
Date: August 02, 2007 06:16PM

I heard Albo on the radio crying asking why people supported the guy who had five prior charges. He was very upset, guess he could hear the sound of future customers going down the toilet.

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: duh ()
Date: August 02, 2007 07:05PM

This would be SO easy to fix. It seems that main objection to the civil fees is the non-resident exemption. Then make out-of-staters subject to the big fines too!

Of course, Virginia DMV couldn't collect the installment payments from out-of-state residents...so the fines would have to paid in a lump sum. And to not discriminate...Virginians would also have to pay all at once.

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: slimey ()
Date: August 02, 2007 08:46PM

Thanks for the post. I'm sure gonna remember in November on this one. I cant believe
how many politicians still supported this thing even after the public uproar. Someone also posted that illegal immigrants may be exempt from the new law. Isnt
that a kick in the pants?

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: KeepOnTruckin ()
Date: August 02, 2007 09:34PM

all theyd have to do is amend the state constitution. Isnt that why we have constitutions nowadays instead of articles of confederations? So that they can be amended. Oh well.

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: WashingToneLocian ()
Date: August 02, 2007 09:53PM

Sounds like a good excuse for the State Legislature to let this dog die. I seriously doubt you are going to see much of a fight after this.

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: a realist ()
Date: August 02, 2007 09:58PM

KeepOnTruckin Wrote:
-------------------------------------------------------
> all theyd have to do is amend the state
> constitution. Isnt that why we have constitutions
> nowadays instead of articles of confederations? So
> that they can be amended. Oh well.


that's like saying "all Congress has to do is" change the constitution to revoke automatic citizenship for children born to illegal immigrants. Amending a constitution isn't an easy task.

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: § ()
Date: August 03, 2007 11:10AM

Is it that difficult to raise the gas tax by one penny? That would more than supplement the legislation. -§

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: a realist ()
Date: August 03, 2007 11:17AM

they should up the gas tax a buck a gallon to reduce wear and tear on the roads, plus use the money to fund new projects. best of all if would get charged to out of staters too lol

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: bdimag ()
Date: August 03, 2007 12:17PM

actually thats a damn good idea... a tax on gas.. will get more people to carpool or use public transportation..

will get the poor people off the roads (the ones that get pulled over and cant pay tickets)...

but at the same time that would probably blow.. like.. hardcore... punish the innocent and whatnot..

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: MBF ()
Date: August 03, 2007 12:48PM

Dave Albo copied me on an e-mail he sent out 7/24/07. The text follows; I would like to know why this hasn't been in the media yet.

Everyone:

I have repeatedly told Mr. ###### and Mr. ######## numerous times that the out of state drivers can be put back in. I see that they cc'd you on an e-mail, and just wanted to make sure that you also knew. The bill originally had them out, the Senate figured a way to put them back in and the Governor, by mistake, took the language out, thus making the out of state drivers exempted.

IThe language can be re-inserted, it can be done and will be done.

Dave Albo

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Re: Ruling just in: Civil fees found unconstitutional
Posted by: m4ilm4n ()
Date: August 03, 2007 01:21PM

If you include out-of-state drivers, then DMV can't collect the fees, the courts would. If the court collects the fees, the money goes to the general fund and NOT the transportation fund. That's why it was set up like that - so that they could put the funds collected directly into transportation.

BTW - the unconstitutional ruling only applies to Henrico County.



Edited 1 time(s). Last edit at 08/03/2007 01:22PM by m4ilm4n.

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