Commonwealth v. Cozzone

WOOD, J.,

On August 18,1989, following a jury trial, defendant Anthony Cozzone was found guilty of driving under the influence of alcohol to a degree which rendered him incapable of safe driving. The incident occurred in the Fox Knoll Condominium complex parking lot.

Driving under the influence of alcohol is defined in the Vehicle Code as a “serious traffic offense,” pursuant to 75 Pa.C.S. §3101(b). This type of offense must be committed on a highway or a trafficway. This area was clearly not a highway. Section 102 of the Vehicle Code defines “trafficway” as follows:

*369“ ‘Trafficway.’ The entire…