The AP has this report, in the Richmond paper.
UPDATE: The Attorney General's response -
"Today’s lower court decision is being appealed by the Henrico County Commonwealth’s Attorney. Therefore we will have no comment on the merits of active litigation. This office has stated that the transportation package passed by the General Assembly this session is constitutional. This office is statutorily obligated to defend the constitutionality of measures passed by the General Assembly, unless patently unconstitutional. As a matter of policy, I believe out of state drivers should be subject to the abuser fee law. The proper venue for such a change in public policy is the Virginia General Assembly."