In your opinion, are Virginia's abuser fees unconstitutional?

Question

Here is information on the new fee's: http://www.roanoke.com/politics/wb/122360

Here is a news article about a Henrico Co. judge that ruled them unconstitutional: http://www.wdbj7.com/Global/story.asp?s=6876941

The biggest problems Virginians have is that the fees do not apply to out of state residents, and the bill was passed strictly as a way to raise money for transportation, not to increase safety.

Answer 1

Well, if one does not break the law, then he or she will not have to worry about the fees.

The excessive fees were aimed toward the constant law breakers in Virginia. One life is worth a few thousand dollars in fines.

Are the penalties in violation of the 8th Amendment which protects against cruel and unusual punishment?

I do not think so. However, I am sure Virginia drivers do because the punishments only apply to to in-state drivers.

Answer 2

Yes, they are unconstitutional. They pretty much discriminate against a group of people (Virginians). They said prior to passing the fees that they would try to figure out a way to apply them to out of state drivers, but it seems to me if they were going to do that, they should have figured out how to do that PRIOR to passing them through. So far, two judges- one in Richmond and one in Henrico County have ruled the fees unconstitutional, and I'm sure others will follow suit.

Answer 3

Unconscionable maybe. Nothing in the Constitution prohibits the fees.

To whoever stated they are not a 'constitutional attorney': Neither am I. But the constitution was written in English by people without formal legal training. If it requires an attorney to explain, it has NOTHING to do with the constitution.

Answer 4

Since I'm not a constitutional attorney (one who specializes in constitutional law and issues related to it), my opinion doesn't matter. Only the judges' and the lawmakers' opinions weigh in.

It'd help if you provided us outside the commonwealth to a link illustrating what you're talking about.

Answer 5

Insufficient data.