The myth of the highway boundary
Fighting a DUI charge involving non-public roads hinges on the legal definition of a public way. If the dui attorney can demonstrate that the location was restricted, private, and not used by the general public, the prosecution may fail to establish the jurisdictional elements of the crime in many states.
Sit down. Drink your coffee. Let’s be clear: your case is probably in the gutter because you thought you could talk your way out of a pair of handcuffs. You were on a private dirt road, or maybe your own driveway, and you assumed the rules of the road didn’t apply. You were wrong. But the police are often wrong too, and that is where we find the leverage. I recently spent 14 hours deconstructing a contract that was designed to be unreadable, only to find the one clause that changed everything regarding the definition of a way. Most people think a DUI requires a yellow line and a speed limit sign. It does not. However, it does require a specific statutory nexus that the state often fails to prove. We are going to look at the microscopic reality of these charges. We will dissect the exact phrasing of the arresting officer’s probable cause affidavit. We will look at the gravel under your tires. We will look at the gates that should have kept the state out.
“Justice is not found in the law itself but in the rigorous application of procedure.” – Common Law Maxim
Private property and the reach of the state
Private property DUI defense relies on the statutory language of the state vehicle code, which typically regulates motor vehicles on highways or areas open to public use. A dui lawyer examines whether the location had restricted access, physical barriers, or clear private signage to invalidate the state’s authority.
The law is not a blanket. It has holes. In many jurisdictions, the legislature has written the DUI statutes so broadly that they cover any place where a car can roll. But