Posted on 08/02/2007 9:41:16 AM PDT by leadpenny
At strike number five this guy should be in jail, not looking at “abusive driver fees”.
But hey, that would cost the state money, not make it money.
Better in the minds of state bureaucrats to cut him loose to endanger the rest of us and hope to collect more money from him in the future. And if he happens to kill someone... oh well...
You're right, I did not read to end and will take my beating for that; however, I did read the VA Constitution and saw nothing in there saying that fines for out-of-state motorists must be used for public education. In fact, I didn't see any reference at all to fines for out-of-state drivers. We all know that just because an AP reporter says it, doesn't necessarily make it so.
There is some reason, of course, that it wasn't applied to out-of-state drivers. Maybe their hands are tied in some manner. Maybe they don't want to discourage people from travelling through the state. Maybe they were afraid of a challenge under the commerce clause of the US Constitution.
Interestingly, I did see two provisions of interest in the VA Constitution that could impact this matter. I'm paraphrasing, but the first says that there can be no excessive fines and the second says that people in similar circumstances must be taxed in a similar manner. This is either a fine or a tax or a combination of the two and it would seem to violate one or both of those provisions.
Anyway, there are enough arguments against the constitutionality of this law that I don't see how it can stand. The most amazing thing is that the Legilature had the audacity to enact it in the first place. Of course, maybe they took their cue from McCain-Feingold.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
I didn’t say that it does. So what’s your point?
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
don’t you think they should shoot him down beside the road and kick his dog too?
Courtesy Comment:
Looks like the state of Virgina is finding new and creative ways to tax without calling it a tax.
Politicians are absolutely out of control but then again voters usually elect what they deserve.
If this holds, how would it affect the practice of charging higher college tuition for out of state students? Couldn’t the out of state students make the same equal protection argument?
Mmmmm, no.
No, because the in-state students or their families have already paid a higher portion of the cost for the public institution through taxes.
I still say there is going to be another challenge to it because the “fees” are tied to annual vehicle registrations..............and not everyone with a VA DL owns a vehicle, me for example. And what about company vehicles that aren’t always driven by the same employee?
This ruling in Henrico Cty is a step in the right direction, but it shouldn’t have been needed to be taken in the first place.
I guess if the “habitual offender” was smoking at the time, he’d get the death penalty....
Well if the illegals can do it why not poor old Anthony.
Not if it’s a state- supported institution. Taxes subsidize the college in that case. Out of state students (or their families)don’t pay state taxes so they pay higher tuition. Either way, you pay.
YES! A judge the has actually read our Constitution!
They can’t make it apply to out of state drivers because it is an “administrative fee”, not a fine. If you fail to pay it, you can’t renew your license or register a car in the state. Since Virginia has no control over licensing out of state drivers, and since it is not a criminal offense to refuse to pay the fee (they can’t throw you in jail), then they have no leverage against them.
I don't believe that funding a service you don't consume has ever been successfully held up as an argument against a tax. People without children still have to pay school taxes - and if you remodel your house you get to pay higher school taxes for the privilege. It's nuts.
What was the cause of the license suspension, and what specific violations, other than the license violation, has he committed?
There would be a big difference between someone who was e.g. repeatedly caught driving at 100mph through 25mph zones, and someone who had his license suspended for car-inspection or other such issues and then caught caught in a paperwork checks at so-called "DUI checkpoints".
The Literary Fund ammendment requires that ALL fines for crimes against the commonwealth go to the Literary Fund to support education. Doesn’t have anything to do with whether the person fined is a citizen or not.
So they couldn’t increase fines to pay for road work, because they would go straight to the NEA. So they levied administrative fees on Virginia driver’s license holders that have violated traffic laws. Too clever by half.
Virginia voters need to re-ammend their constitution and undo that NEA wetdream called the Literary Fund.
Thank you for that clarification. Yes, it appears that the Literary Fund amendment is the nemesis for the Legislature. It’s an eye-opener for me because I have always thought the proceeds from all those tickets went into the general funds of the various jurisdictions.
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