If I was arrested for DWI after a car accident on my own property, do I have a valid defense since was on private property and no one witnessed me on a public road?

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If I was arrested for DWI after a car accident on my own property, do I have a valid defense since was on private property and no one witnessed me on a public road?

I was parking on my property when my accelerator got stuck while I was backing up and I hit a tree. There were no witnesses of me driving on a public road.

Asked on December 13, 2014 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Maybe.  There was that loophole years ago that included a private road but New York State changed its anti-drinking and driving laws and they now specifically apply to private roads open to motor vehicle traffic and any other "parking lot"  as meaning any area of private property, including a driveway, near a premises and used as a means of entering and leaving a highway adjacent to the premises. So I would speak with an attorney as to the facts of your case.


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