Archive for November, 2014

I can’t get a DWI/DUI when driving on private property, right? WRONG!

Saturday, November 1st, 2014

Driver is driving her car down her private driveway, drives off the road, and overturns in a ditch.  The nearest public road is around 100 feet away.  The state trooper testifies he never saw her driving on a public road.  Driver gets arrested for Driving While Intoxicated and the Department of Revenue suspends her Driver License.  The trial court reinstates her DL on the basis that she was not driving on a public road.  The DOR appeals.

The appellate court rules in favor of the DOR.  Missouri statute 302.505 authorizes suspension of DL when the driver has been arrested for driving a motor vehicle while intoxicated.  There is nothing in the statute that says the driver must be driving on a public road.

Advice: just because you’re out in the country on private property doesn’t mean you can drive a car around while drunk.

Lane Williams v. Director of Revenue, No. 100862 (Mo. App. E.D., October 21, 2014).