State v. Rosier

The defendant is charged with operation of a motor vehicle “on a certain way known as the Vaughan Street Parking Lot” in Portsmouth while under the influence of intoxicating liquor. RSA 262:19 (supp) makes it an offense to so operate a motor vehicle “upon any way.” For purposes of Title XXI of the Revised Statutes Annotated, of which chapter 262 is a part, “a way” is defined as “any public highway, street, avenue, road, alley, park or parkway, or any private way laid out under authority of statute.” RSA 259:1 XXXV. See State v. Gallagher, 102 N. H. 335, 336.

The parties agree that the Vaughan…