Commonwealth v. Virgilio

947 N.E.2d 1112, 79 Mass.App.Ct. 570 (2011)

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Commonwealth v. Virgilio

Massachusetts Court of Appeals
947 N.E.2d 1112, 79 Mass.App.Ct. 570 (2011)

RW

Facts

Under the influence of alcohol, Lisa Virgilio (defendant) crashed her car into another vehicle that was parked along a private driveway. The driveway connected three private residences to a public road. Nothing about the driveway gave it the appearance of a public way. The driveway served no business purpose and was open only to residents and social visitors. The Commonwealth of Massachusetts (plaintiff) successfully prosecuted Virgilio for violating a statute that prohibited drunk drivers from operating motor vehicles on "any way or in any place to which the public has a right of access, or . . . to which members of the public have access as invitees or licensees." Virgilio appealed her conviction to the Massachusetts Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Fecteau, J.)

Dissent (Sikora, J.)

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