Does it Matter That Carlton Fisk Was Arrested For DWI in a Cornfield?

New Hampshire DWI Laws.  Red Sox legend Carlton Fisk was arrested a couple of days ago in Illinois.  He was found asleep in his truck in the middle of a cornfield with an open bottle of vodka on the floor of the truck.  The facts that he was not on a road, not driving, and may have consumed the alcohol after he drove are all important facts.  These facts could lead to other possible conclusions other than guilt. 

Focusing on the issue of the arrest being made in a cornfield, it is important to remember that in most states the state needs to prove that the person was 1).  driving or operating a motor vehicle, 2).  on a public way, and 3).  while impaired by alcohol or drugs or both.  Under New Hampshire DWI laws, "public way" or "way" for the purposes of New Hampshire DWI cases, is defined by a statute.  The language of the New Hampshire public way statute is laid out below:

 259:125 Way.

"Way" shall mean:

I. Except as provided in paragraph II, the entire width between the boundary lines of any public highway, street, avenue, road, alley, park or parkway, or any private way laid out under authority of statute, or any such way provided and maintained by a public institution to which state funds are appropriated for public use, or any such way which has been used for public travel thereon, other than to and from a toll bridge or ferry, for 20 years, or any public or private parking lot which is maintained primarily for the benefit of paying customers;

II. For the purposes of RSA 265:71, IV, RSA 265:79, RSA 265-A:2, I, and RSA 265-A:3, any public highway, street, avenue, road, alley, park, parking lot or parkway; any private way laid out under authority of statute; ways provided and maintained by public institutions to which state funds are appropriated for public use; any privately owned and maintained way open for public use; and any private parking lots, including parking lots and other out-of-door areas of commercial establishments which are generally maintained for the benefit of the public.

Is is important to consult with a DWI defense lawyer immediately after your arrest to explore any possible legal defense you may have, one of which is some times the element of "public way".  In the meantime we are rooting the hero of Game 6 in 1975 to beat the charges against him in Illinois.

If you have been arrested in New Hampshire call Attorney Mark Stevens today at 1-800-893-0074 for a free consultation to discuss your DWI case.

Attorney Mark Stevens
Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079

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