New Hampshire v. LathropAnnotate this Case
Defendant Alan Lathrop appealed his conviction for driving while intoxicated (DWI). On appeal to the Supreme Court, Defendant argued that the trial court erred in finding that Alderberry Lane in Moultonborough, where the accident took place that ultimately resulted in his arrest, was a "way" (and therefore not open for public use) for purposes of the DWI statute; because only members, guests and a loose category of invitees are permitted to use the road, it is not "open." After review of the statutory authority, the Supreme Court rejected Defendant's contention: " it would be contrary to legislative intent to construe the statute to provide that a private road in a lakeside community that is used by residents…. Is a DWI-free zone." The Court affirmed Defendant's conviction.