Commonwealth v. Hart, 26 Mass. App. Ct. 235(1998)
Defendant conceded that he was driving under the influence of intoxicating liquor but argued that he was in a private section of the road It was sufficient that the physical circumstances of the road were such that the public could reasonably conclude that it was open for travel to invitees or licensees of the abutters. The court affirmed defendant’s conviction.
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