Quote:
Originally Posted by Mo_Gearhead
QUOTE: "I suprised that someone can be charged for driving under the influence on what I'd assume is private property."
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I too would like the lawyers to chime in on this aspect?
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Not a lawyer, here. And laws may vary state-by-state. But I asked a Massachusetts cop friend this question a few months ago. Essentially, even if it's private property, if there is an assumption that the property is open to the public, then LEOs can enforce the vehicle code there. For example. If you're driving drunk in a K-mart parking lot, you can get tagged for drunken driving. Obviously the parking lot is NOT public property. But it's considered open to public passage (unlike your driveway, for example), so cops can enforce laws there. That's even true if it's "after hours" (i.e. the K-mart is closed).