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Man summoned to court over three-year-old tolls
When Paeonian Springs resident Lewis Lyons was pulled over in Leesburg Feb. 19 for accidentally letting his inspection sticker and registration expire, little did he know what lay ahead.
The officer told him there was a warrant out for his arrest. An hour later, Terry Hoffman, a supervisor for the Dulles Greenway, showed up and served him a summons for failing to pay two $2.50 tolls in July 2005.
When someone fails to pay a toll on the Greenway, Hoffman sends out a letter telling the offender he or she has run a toll. The offender is able to send the Greenway a check for the toll, plus a $25 administration fee.
If the offender does not respond, Hoffman sends him or her a reminder e-mail. If there is still no response, the offender receives a summons to appear in Loudoun County General District Court.
Once the case moves to court, if convicted, the offender must pay an additional $50 for a first offense, $100 for a second offense, $250 for a third offense and $500 for each additional offense. These fees go along with each toll, and the $25 administrative fee for each toll, plus court costs.
So, under the current law, Lyons was facing a charge of more than $200 when he appeared in court March 21.
The judge presiding over the docket of toll violations that day was not being very lenient. He was lowering penalties for some, but not totally dropping any.
After about two hours, Lyons got his turn in front of the judge.
The judge said the offenses happened July 8 and July 11.
“Notice that the offenses were in 2005,” Lyons said.
“I think it's got to be prosecuted within a year,” the judge said.
In Virginia, there is a statute of limitations for misdemeanor offenses. They have to be served and prosecuted within a year.
“I guess it took us a long time to find him,” Hoffman said.
Another problem with Lyons' case is that the tolls and civil fees have changed since he violated the tolls back in 2005. The judge would have to go back to the old laws to prosecute him.
While the judge researched whether or not the statute of limitations applied to toll violation misdemeanors, Hoffman said he'd be satisfied if Lyons just paid the tolls.
The judge asked Lyons if he had $5 on him, and he did.
Lyons paid Hoffman, and the judge dismissed both violations.
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