Sunday, October 23, 2005

When is a publicly-owned road not a highway under Virginia law

In U.S. v. Adams, Judge Luttig of the Fourth Circuit followed up on his earlier opinion in U.S. v. Smith, concluding once again that driving on federal property not open to the public is not subject to the rules of the road for Virginia's highways.

What these opinions don't say, I suppose, is that even if you could not be driving illegally, you could be guilty of criminal trespass, either on the CIA access road or the Jericho Ditch Lane in the Great Dismal Swamp National Wildlife Refuge.

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