Commonwealth v. Patton

By Judge Randy I. Bellows

This matter came on appeal from the General District Court for Fairfax County on October 22, 2013. At that time, the Court heard evidence in a bench trial and took the matter under advisement. For the reasons stated below, the Court finds the Defendant not guilty.

Introduction

This case presents the following three questions.

First, in determining whether a defendant has committed a traffic infraction by driving a motor vehicle in a designated HOV lane in violation of Virginia Code § 33.1-46.2, should the Court consider whether the HOV lane has been “appropriately…