United States Fourth Circuit

Defendant's conviction for driving while his license was revoked is reversed where the road on which he was stopped was not a highway under Virginia law since it was completely and indefinitely closed to the public at the time of the stop.

Appellate Information

• Decided 10/21/2005
• Published 10/21/2005

Judges

• Before WILKINS, Chief Judge, LUTTIG, Circuit Judge, and JAMES C. DEVER, III, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Timothy Vitow Anderson, Anderson Good, P.C., Virginia Beach, Virginia, for Appellant.  Vincent L. Gambale, Office of the United States Attorney, Alexandria, Virginia, for Appellee.   ON BRIEF:  Paul J. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Alexandria, Virginia;  Dee M. Sterling, Special Assistant United States Attorney, Norfolk, Virginia, for Appellee.