The Massachusetts Court of Appeals in Commonwealth v. Stoddard, reversed an OUI conviction for a motorist because the Commonwealth did not prove that the defendant was operating under the influence on a public way. In order to prove an operating under the influence charge, the Commonwealth must demonstrate that the defendant was operating a motor vehicle, on a public way, while under the influence of alcohol. Generally, the public way element is not at issue in most operating under the influence cases. In Stoddard, it was an issue in the case because the defendant was driving within a gated camp ground that was closed to the public. The camp ground could only be entered by inserting a card to unlock the gate.
In finding that the public way element was not satisfied, the court focused on the fact that the camp ground excludes access by the general public. Significantly, the court raises the possibility that private gated communities, some college campuses, or private resorts that restrict access by the general public may not satisfy the public way element.
If you are charged with a Massachusetts DUI, call an experienced Massachusetts DUI attorney to defend your case.
