@ i swear Wrote:
-------------------------------------------------------
> i think you are confusing private - residential
> property, with "private" publicly accessible
> property.
>
> the giant parking lot is private, but its
> accessible to anybody, at any time. unlike
> private residential property in which only the
> owners have "legal" access to it.
This is a good read which speaks to the above:
http://www.courts.state.va.us/opinions/opncavtx/1033963.txt
"the Supreme Court of Virginia had consistently ruled that the word "highway," as statutorily defined in Code 46.2-100, was not limited to public roads. ...In unambiguous language, the Court has ruled that the definition of "highway" includes "ways on private property that are open to public use for vehicular travel."
If the officer was able to easily drive onto the parking lot, it was open for vehicular travel for anyone that chose to do so.
But I'm with Gordon Blvd, this "highways" argument is fun and all but it's not something to take to the judge if the charge itself was the car wasn't registered when there is proof it was. It's like taking effort to call a tow truck to move a car down the street when you have the keys to just drive it there.
Hopefully you'll pull a a judge that will let it go and not fixate on the "display" issue. I think it is worth it to try, good luck.
Edited 1 time(s). Last edit at 08/15/2012 02:22PM by justsayin.