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Appeals court hears dispute over whether retail parking lot can be a "public way" for DUI charge
Summary
In Commonwealth v. Alexander de Jesus Dominguez Ortiz (docket 24P67), defense counsel argued that a parking lot reserved for customers is a private way and that evidence was insufficient to prove the defendant drove while intoxicated on a public way; the Commonwealth urged the court to let the jury decide. Court took the matter under advisement.
At argument on Commonwealth v. Alexander de Jesus Dominguez Ortiz (docket 24P67), the appeals court considered whether a parking lot attached to a retail establishment is a "public way" for purposes of a driving-under-the-influence charge when the lot is signed for customers only and the incident occurred at night.
Appellant counsel Matthew Moll argued the record equally supported two inferences: that the defendant drove onto the lot while already intoxicated or that he…
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