The Massachusetts Appeals Court addressed the public way element of Massachusetts OUI law in the case of Commonwealth v. Gregory Belliveau. The issue in the case is whether Pier 4 in Charlestown Navy Yard is a public way. The defendant argued that it was not a public way because there is a closed gate leading to the pier and because only authorized vehicles were allowed on the pier.
The Appeals Court discussed its prior decisions addressing the public way element of Massachusetts OUI law. The court contrasted the case of Belliveau with the case of Commonwealth v. George, where the Massachusetts Supreme Judicial Court found that the public way element was not satisfied when a defendant drove drunk on a baseball field. In that case, the court held that the baseball field was not a public way because the public did not have access to the field by way of a motor vehicle. Unlike the George case, the court decided that although access to the pier was restricted, the public could gain access. The court indicated that it considered the issue a close question, but would find the pier to be a public way. However, the court held that it did not need to resolve this close question because even if the pier was not a public way, the defendant's conviction would be affirmed because the defendant drove on public ways prior to reaching the pier.
One Justice of the Appeals Court, Justice Sikora, wrote a separate concurring opinion criticizing the court's interpretation of the public way element of the Massachusetts OUI statute. Justice Sikora suggests that the court has misinterpreted the language of the statute by defining the term access as referring to public access by motor vehicles. Justice Sikora would interpret the statute to encompass any drunk driving where the public has a right of access, regardless of whether by motor vehicle or as pedestrians.
DUI arrests in Massachusetts rarely involve the public way element of the statute as a major defense. As a criminal defense lawyer, I handle OUI cases in Bristol, Norfolk and Worcester Counties and regularly appear in Fall River, Wrentham, Dedham and Attleboro District Court to defend OUI charges and other criminal matters, including assault and battery charges, firearms cases and drug offenses. You can reach me immediately at 508-455-4755 or by email. I answer most calls personally and would be glad to speak to you about your case, any time, nights, evenings, weekends or holidays.
