ON WHAT SORT OF ROADWAY
CAN YOU GET CHARGED WITH A DWI?
This is a basic question...but it is important to know the basics of anything.
In New York you can be charged with a DWI for driving on:
-any public road, highway, street, avenue, public place, public driveway or any other public way
-any private road or way in private ownership used for vehicular travel by the owner or with permission of owner
-a parking lot --with capacity to hold 4 or more vehicles
-a driveway used as access or egress to a public way with capacity to hold 4 or more vehicles
***NOTE: If your driveway COULD HOLD 4 vehicles, even if it does not actually hold 4 vehicles, you could still be charged with DWI.
-grass and medians around the highway
-any private way that provides ingress or egress to a public street (like the Cornell and Ithaca College campuses!!!)
BOTTOM LINE:
In most cases, proving driving on a road way is not difficult. Even when police officers find people drunk and asleep in their driveway, there is usually circumstantial evidence that they drove on a road while they were drunk BEFORE they fell asleep in their driveway.
BY: Attorney Mike Cyr
P: 607-229-5184
Twitter: @ithacadwi
