[DOWNLOAD] "Commonwealth v. James J. Hart" by Appeals Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. James J. Hart
- Author : Appeals Court of Massachusetts
- Release Date : January 27, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
A private way that was a continuation of a public way, that had no gate or signs to mark its status, and that was used generally
by the public for access to various commercial buildings on both sides of the private portion, was a "way or . . . place to
which members of the public have access as invitees or licensees" within the scope of G. L. c. 90, § 24(1) a)(1),
with respect to the operation of motor vehicles by persons under the influence of intoxicating liquor. [237-238] James J. Hart, IV, the defendant, concedes that when the police stopped him past midnight on April 25, 1986, he was driving
under the influence of intoxicating liquor. The question he raises on appeal is whether, at the time the police first noticed
him, he was operating "upon any way or in any place to which members of the public have access as invitees or licensees."
G. L. c. 90, § 24(1)(a)(1), as appearing in St. 1982, c. 373, § 2. Hart was convicted of violating that
statute.