Massachusetts Appeals Court Vacates DUI Conviction For Defendant Tried In Newburyport District Court
The Massachusetts Appeals Court reversed a defendant's OUI conviction holding that a gated private road within a campground was not a public way as required to support a conviction. In Massachusetts, the government must prove that an individual drove a motor vehicle while under the influence of alcohol on a public way to prove its case.
The Commonwealth secured a conviction against Brian Stoddard in the Newburyport District Court for DUI . Stoddard appealled his conviction and claimed that the District Attorney did not satisfy its burden because the defendant operated his motor vehcile within the confines of the Rusnik Campground in Salisbury Massachusetts. Although the trial judge held that the road on which the defendant drove was a "public way" as defined in Chapter 90 section 24, the Massachusetts Appeals Court disagreed and reversed Stoddard's conviction.
The typical indicia that a road is a public way is if the way is maintained by the town or city, if there are hydrants and/or lighting along the roadside and if the road is paved and lined. In this case the Appeals Court held that the presence of a gate restricted general access to the campground. The Court continued maintaining that the evidence established that no motorist approaching the entrance to the campground could suffer any illusion that he was welcome to enter the campground and drive on its roadways.
If you have been arrested and charged with operating under the influence of alcohol it is critical that you have an experienced Massachusetts defense attorney on your side. A conviction for DUI has collateral consequences such as loss of license and for repeat offenders a mandatory committed jail sentence.
If you find yourself facing these types of charges call Attorney Kathleen McCarthy. Attorney McCarthy routinely appears in local Massachusetts courts including Peabody, Salem, Lawrence and Lowell to fight for the rights of her clients. Contact Attorney McCarthy at 978-975-8060 or online and she will get to work on your case immediatley.
