If you’re sneaking around, you might want to pay cash for your tolls. WNBC in New York reports that E-ZPass records are showing up with more frequency in divorce cases. The electronic toll records can be subpoenaed in 12 of the states where the system is used for both criminal and civil court cases, and that includes divorce. As you might imagine, the ability of the equipment to record when a person’s car was at a particular location can be damaging.
For the time being, E-ZPass as well as SmarTrip card records can be used only for criminal cases, according to officials in Virginia, Maryland and the District, but it might not be difficult to get that changed. For example, the president of Maryland’s state Senate also does a fair amount of divorce work, and he might be interested in seeing the law changed.
