One of the essential elements of Driving While Impaired requires the State to prove where the driving occurred. For purposes of DUI, the driving must occur on a street, highway, or public vehicular area. On today’s episode, Jake looks in depth at this element, including the statutes and case law that define this element of DWI. If you want to learn how to present a PVA issue to both a judge and to a jury, this episode is for you.
Hear Jake pound home the importance of emphasizing this element to your judge or jury and the burden of proof that comes with it.
Uncover the statutory framework for defining street, highway, public vehicular area, and private road.
Discover the case law associated with this element and a deep dive on State v. Ricks, a North Carolina Court of Appeals case that grappled with the public vehicular area issue.
Learn why it is important to do site investigations on any case involving a PVA issue.
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