A Massachusetts Legislature recently proposed legislation to amend the definition of public way to include college campuses. Under Massachusetts OUI law, the Commonwealth has to prove three elements, that the motorist operated a motor vehicle, on a public way and while under the influence of alcohol. While most Massachusetts OUI trials focus on the element of whether the driver was under the influence, cases have arises focusing on the public way element. An Auburn, Massachusetts man was recently found not guilty by a district court judge who found that Assumption College Campus was not a public way under the Massachusetts DUI/OUI criminal law.
A public way, is any way that the public has a right of access as licensee or invitees, which includes any road open to the public. Some College campus roads may not be public ways if there is no access to the road by the general public. This would occur in circumstances where there is a gate to the college campus. Many colleges allow access by the public and accordingly these roads probably would be considered public ways.
Michael DelSignore is a Massachusetts DUI lawyer, practicing throughout Massachusetts courts, defending motorists charged with DUI, breathalyzer refusal and other motor vehicle offenses. Attorney DelSignore is available for a free consultation and can be reached directly by phone at 508-455-4755 or by email.
