The Virginia traffic code refers to “highways” quite a bit. Many of the offenses specified in the code have to take place on a “highway.”
Quite often I hear from potential clients and people who represent themselves in court: “But I wasn’t even on a highway!”
I’m sad to report that defense usually isn’t going to fly.
When used in the Virginia traffic code, “highway” is a specialized word. It doesn’t carry the meaning we use in every day speech. It is defined in Virginia Code 46.2-100:
“Highway” means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated “highways” by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth. (emphasis added)
Essentially, a “highway” is any public road.
With all that said, there IS a time when the “highway” defense could be used. Not all areas where cars drive are “highways.” This issue doesn’t normally arise in routine traffic infraction matters; however, it does come up in higher stakes cases like driving on a suspended license. If your driving took place in a private parking lot or something of that nature, it may be a defense to a charge that requires a “highway” as an element.
Just remember that if you’re charged with something like “improper stopping on a highway” (46.2-888), that can be charged on any road. It could be a small residential street or an interstate. They’re all highways.