Under Massachusetts law prosecutors must show that defendants charged with drunk driving or negligent driving operated their vehicles on a “public way.”
The law states that
[a]ny street or highway that is open to the public and is controlled and maintained by some level of government is a “public way.” This would include, for example, interstate and state highways as well as municipal streets and roads.
Model Jury Instruction 3.280
Today the Appeals Court issued an opinion expanding the definition of a “public way” to include municipal parking lots that require a parking permit.
According to the justices,
We conclude that a municipal lot that limits parking to residents displaying a sticker can be a public way where ingress and egress to an abutting public road are unrestricted.
The full text of the court’s decision is attached below.