Fielding v. State

OPINION

COATS, Judge.

Jim Fielding was convicted following a jury trial of driving while license suspended (DWLS), AS 28.15.291(a)(1). On appeal, he contends the trial court erred in instructing the jury that the Glenn Highway *615is a highway as that term is used in the DWLS statute. We reverse.

At trial, the primary fact in contention was whether Fielding drove on a highway or a vehicular way. See AS 28.15.291(a).1 The defense claimed that Fielding drove within the parking lot of the Eagle River Department of Motor Vehicles, while the state alleged that Fielding drove from the parking lot onto the…