Loudoun County v. Plowman

By Judge Thomas D. Horne

This case came before the Court for trial, without a jury, on November 12,2010. Defendant is charged with driving under the influence of alcohol. He has raised the issue as to the admissibility of the breath test results based, among other things, on the location of the alleged offense. It is his contention that the area in which he was seen operating his motor vehicle was not a “highway” within the contemplation of Va. Code Ann § 18.2-268.2. Edwards v. City of Virginia Beach, 2001 Va. App. Lexis 522 (Sept. 25, 2001). While this unpublished decision of the Court of…