Massachusetts OUI Driving Influence Public Way Private Lawyers Attorneys
Defendant was properly convicted of driving under the influence on a public way because the physical circumstances of the private section of the road were such that the public could reasonably conclude that it was open for travel to invitees.
An OUI offense is a very serious crime in Massachusetts.
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OUI Lawyers Attorneys
“For purposes of determining whether a defendant operated his vehicle on a way “to which the members of the public have access as invitees or licensees,” so as to support conviction for operating a motor vehicle while under the influence of alcohol, some of the usual indicia of accessibility to the public include a paved road, the absence of signs prohibiting the public from access to the road, and street lights, curbing, houses, crossroads, and traffic.” Com. v. Kiss, 59 Mass.App.Ct. 247, 794 N.E.2d 1281 Mass.App.Ct.,2003.
If you need legal counsel, then contact the OUI attorneys at the law offices of Gilmore & SRIS, LLC., PC, to speak with a OUI lawyer in your area.
OUI Lawyers Attorneys
G.L. c. 90, § 24(1)( a)(1): “Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle while under the influence of intoxicating liquor, or of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment for not more than two years, or both.” Com. v. Murphy, 389 Mass. 316, 451 N.E.2d 95 Mass.,1983.
If you need legal counsel, then contact the OUI attorneys at the law offices of Gilmore & SRIS, LLC., PC, to speak with a OUI lawyer in your area.
OUI Laws
“In pertinent part, G.L. c. 90, § 24(1) ( a) (1) provides: “Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle while under the influence of intoxicating liquor … as defined in section one of chapter ninety-four C … shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment….” Com. v. Valiton, 432 Mass. 647, 737 N.E.2d 1257 Mass.,2000.
If you need legal counsel, then contact the OUI attorneys at the law offices of Gilmore & SRIS, LLC., PC, to speak with a OUI lawyer in your area.
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