Except for those permitted free use of toll facilities under § 33.2-613, it is unlawful for the operator of a motor vehicle to use a toll facility without payment of the specified toll. However, in considering the case of anyone accused of violating this section, the court shall take into consideration (i) except for lanes equipped for payment of tolls through an automatic vehicle identification system, whether the toll booth or collection facility at which the defendant failed to pay the toll was manned at the time; (ii) whether the defendant was required to pay the toll with the exact amount in change; (iii) whether the defendant had the exact change to make the payment; and (iv) whether the defendant had been afforded appropriate advance notice, by signs or other means, that he would be required to pay a toll and pay it with the exact change. No person shall be subject to both prosecution under this section and to the provisions of § 46.2-819.1 or 46.2-819.3 for actions arising out of the same transaction or occurrence. 1988, c. 79, § 46.1-229.4; 1989, c. 727; 1998, c. 802; 2004, c. 924; 2016, c. 753.
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