Legal Question in Criminal Law in Massachusetts

Public Way- military base?

Massachusetts case. Driving under the influence of alcohol. Defendant operating on Air National Guard Base (Otis Air Force Base). Defendant charged under Massachusetts Law (Ch 90 sec 24). Not military law. Other relevant facts. At times the military base is open to allow the public to cut through. At times it is not. For the purposes of OUI or DWI, is the base a public way or a place in which the public have a right of access as called for under 90 sec 24. Any precedent appreciated. Thank you.


Asked on 8/01/99, 1:37 pm

1 Answer from Attorneys
Thomas Workman Law Offices of Thomas Workman

Re: Public Way- military base?

You will be in Falmouth District Court on this matter.

You should have a criminal attorney examine all of the facts for your case. OUI defense is not a "do it yourself" matter. The Commonwealth has to proove that you were operating a motor vehicle, on a public way, under the influence. I saw a case argued a week ago in Wareham with success, on the public way issue. You need an attorney to argue this one for you, in my opinion. Certainly there is case law on the "public way" issue. But this is not something an attorney can provide as a "kit" so that you can defend yourself.... You need to hire an attorney. Call me if you agree, and we can discuss my representing you in Falmouth District Court.

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Answered on 8/04/99, 7:48 pm


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