 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Hayes v. State6/14/2005
s arrested for DUI was not a "way of this state open to the public." We held:
he Northern Hotel 's parking garage not only has a history of use by the public, the public is encouraged to use the facility. The facility is obviously fitted for public travel and in common use by the public. It is thus covered by Sections 61-8-101(1) and 61-8-401(1)(a), MCA.
Peete, 224 Mont. at 162, 729 P.2d at 1270-71.
In State v. Weis (1997), 285 Mont. 41, 44-45, 945 P.2d 900, 902-03, we addressed the private nature of the road upon which the defendant was arrested for DUI:
he fact that Boulder Lane is located on private easements, is privately maintained, and is of limited use is not dispositive. This lane provides access to three residences from a paved county road. Boulder Lane is a gravel, one-lane roadway and, as such, it is fitted and adapted for public travel. In fact, members of the public who are lost, curious or who have a purpose in going to the residences often use this lane in common with the residents who own and maintain it. Indeed, Weis, a member of the public, was using the road for travel on a visit to one of the private residences at the time he committed his offense. Moreover, the public is not impeded, restricted or prohibited in any way from traveling on Boulder Lane.
Weis, 285 Mont. at 44-45, 945 P.2d at 902-03.
Finally, in Santee, this Court applied § 61-8-101(1), MCA, to a privately owned parking lot which had limited access and posted warnings. We held:
he American Bank parking lot is posted with signs stating that it is a private lot and violators will be towed. Testimony revealed that the lot is commonly used by members of the public who are patrons of nearby taverns rather than bank customers. The only access to the lot is by an alley, but this alley and the American Bank parking lot are in the middle of an active Livingston business district. We hold that the American Bank parking lot is a parking area fitted for public travel and in common use by the public.
Santee, 267 Mont. at 310, 883 P.2d at 833.
The fact that the Caboose parking lot is unpaved and has potholes is inconsequential here. In Weis, 285 Mont. at 44-45, 945 P.2d at 902-03, we concluded that Boulder Lane, a gravel roadway, constituted a way of state open to public. Despite its poor condition, the Caboose parking lot is adapted and fitted for public travel and is in common use by the public, given its history of use by the public. Patrons of the Caboose park in the lot, and vendors sell from the parking lot, thereby encouraging members of the public to use the lot.
Based upon the foregoing authority, we hold the District Court did not err in concluding that the Caboose parking lot is a parking area fitted for public travel and in common use by the public, and is within the definition of "ways of this state open to the public" contained in §§ 61-8-101(1) and 61-8-402(1), MCA.
Affirmed.
JIM RICE
We Concur:
KARLA M. GRAY
W. WILLIAM LEAPHART
PATRICIA O. COTTER
JOHN WARNER
|