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Old 07-19-2012, 02:31 PM
 
6 posts, read 8,702 times
Reputation: 10
Default Should I Appeal my verdict on HOV violation on I-66?

Need some advice here.

I received an HOV violation ticket while I was on I-66 east bound near the Rt29 exit at 8am. I was coming in from the airport and going into DC; the state trooped pulled me over while I was on I-66. I plead not guilty and told the judge that it was my understanding that it is not a violation if I do "airport business" and take the airport access road and I-66 into DC. I had a receipt from the gas station at the airport but he did not even bother to ask for it. He looked into a book to look up the "state driving or road code" and determined I was in violation and gave me a guilty verdict. Did someone else get the same verdict as me? Should I appeal this to the Circuit court? I am hesitant since there seems to be a much high court costs if I go that route.

Thanks,
Dan
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Old 07-19-2012, 02:34 PM
 
2,528 posts, read 5,040,526 times
Reputation: 820
pay the $95 and be done with it
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Old 07-19-2012, 02:37 PM
 
6 posts, read 8,702 times
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I am leaning toward paying the fine but it seems like the judge was incorrect in finding me guilty. I just wanted to find out what the deal is here.
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Old 07-19-2012, 02:57 PM
 
223 posts, read 196,498 times
Reputation: 103
Quote:
Originally Posted by uudan View Post
Need some advice here.

I received an HOV violation ticket while I was on I-66 east bound near the Rt29 exit at 8am. I was coming in from the airport and going into DC; the state trooped pulled me over while I was on I-66. I plead not guilty and told the judge that it was my understanding that it is not a violation if I do "airport business" and take the airport access road and I-66 into DC. I had a receipt from the gas station at the airport but he did not even bother to ask for it. He looked into a book to look up the "state driving or road code" and determined I was in violation and gave me a guilty verdict. Did someone else get the same verdict as me? Should I appeal this to the Circuit court? I am hesitant since there seems to be a much high court costs if I go that route.

Thanks,
Dan
Did you say you had a receipt for it? And he blew you off?

Regardless, I don't think that is going to be a winning argument. Buying $0.50 of gas a the Dulles Exxon was, at one time, valid loophole, but I believe the state legislature was looking to close it.

Last edited by ViennaSausages; 07-19-2012 at 03:12 PM..
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Old 07-19-2012, 03:46 PM
 
3,808 posts, read 2,667,416 times
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I'm assuming you also mentioned and showed the receipt to the police officer? What did he/she say when you showed it?
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Old 07-19-2012, 03:57 PM
 
6 posts, read 8,702 times
Reputation: 10
I told the trooper I came from the airport but he just asked for my registration and DL. I forgot to mention the receipt until after he gave me the ticket. He said regardless I am in violation and said everyone says they are coming from the airport. He had a very bad attitude.

Once in the courtroom, is the "coming from the airport with receipt" become invalid and not act as proof?

Bottom line, the judge's verdict was "guilty" but I don't think he is correct and I want to appeal.
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Old 07-19-2012, 04:19 PM
 
5,698 posts, read 5,611,564 times
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Here's the rule:
http://www.virginiadot.org/travel/hov-noexcuses.asp
Motorists traveling to and from Dulles International Airport to go to the airport to catch a flight or to pick someone up at the airport are permitted to use I-66 inside the Beltway (I-495) during HOV hours. Motorists traveling to or from Dulles International Airport are not exempt from HOV restrictions on I-66 outside the Beltway (I-495). You are not permitted to use I-66 inside the beltway during HOV hours if you are going to the airport to eat, get coffee, get gas or any other reason other than boarding a plane or picking someone up at the airport.
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Old 07-19-2012, 06:53 PM
 
1,587 posts, read 1,285,704 times
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Interesting info - seems they closed that loophole, at least on the VDOT website. Does that have to specifically stated in the state code (and is it even?), or is VDOT policy sufficient?
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Old 07-19-2012, 06:57 PM
 
2,714 posts, read 1,117,851 times
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Pay the fine. Is it really worth the hassle and court costs? According to the law, you were definitely wrong.
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Old 07-19-2012, 07:55 PM
 
223 posts, read 196,498 times
Reputation: 103
Quote:
Originally Posted by snowdenscold View Post
Interesting info - seems they closed that loophole, at least on the VDOT website. Does that have to specifically stated in the state code (and is it even?), or is VDOT policy sufficient?
Thats an excellent point. Thats what VDOT thinks, but what they think and what the actual law is are two different things. In fact, that VDOT definition seems to run afoul of the term "airport business." What if you're there to pick up a package from United Cargo? What if you were there to rent a mini-van from Avis? How about if you work for Delta and are a mechanic there?

Last edited by ViennaSausages; 07-19-2012 at 08:05 PM..
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