Hayes v. State

¶1 Gregory Lynn Hayes (Hayes) appeals from the order entered by the Nineteenth Judicial District Court, Lincoln County, on January 27, 2004, concluding that Hayes was arrested for driving under the influence of alcohol on a “way of this state open to the public” and denying his petition challenging the suspension of his driver’s license. We affirm the order of the District Court.

¶2 We address the following issue:

¶3 Did the District Court err in concluding that a business parking lot was a “way of this state open to the public” pursuant to § 61-8-101(1), MCA?

FACTUAL AND PROCEDURAL BACKGROUND

¶4…