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Criminal Law Keyed to Gershowitz
Commonwealth v. Virgilio
Citation:947 N.E.2d 1112, 79 Mass. App. Ct. 570.
The defendant resides in a single family cottage. Next door to her house is a two-story, two-family dwelling. Between the two houses is a paved driveway that widens and ends in a parking area. There are no businesses or public services of any kind located along or around the driveway parking area. The driveway is the width of two cars; the parking area at the end is several times wider.
The defendant was found operating her vehicle in the driveway while she was intoxicated. She drove her vehicle into another car that was parked on the shared driveway. She was convicted of operating a motor vehicle under the influence of intoxicating liquor, in violation of G. L. c. 90, § 24(1)(a)(1). She appealed, arguing that she was not operating the vehicle in a place to which members of the public have access.
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