Public Highways and New York State Motor Vehicle Law

The state of New York defines the term “public highway” as any highway, road, street, avenue, alley, public place, public driveway or any other public way. Accordingly, any New York State law with respect to operating a motor vehicle is applicable within any of these areas.

The term “highway” is defined as the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

The term “private road” is defined as every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

The term “parking lot” is defined as any area or areas of private property near or contagious to and provided in connection with premises having one or more stores or business establishments, and used by the public as a means of access to and egress from such stores and business establishments and for the parking of motor vehicles of customers and patrons of such stores and business establishments.

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 The Other Elements of a DWI Charge

• Vehicle
• Operation
• Under the influence