State v. Brennan

OPINION

BOSSON, Judge.

{1} Defendant appeals affirmance by the trial court of his metropolitan court convictions for careless driving and driving while intoxicated (DWI). Defendant raises four issues on appeal, one of which we find to be grounds for reversal: that the statutory offense of careless driving as defined by the legislature must take place on a highway and not, as in this case, in a parking lot. We reverse Defendant’s conviction of careless driving because the State could not prove an essential element of the crime that Defendant’s alleged careless driving occurred on a highway. We…