Commonwealth v. Brown

Following a bench trial in the District Court, the *703defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor. G. L. c. 90, § 24.1 In order to sustain a conviction for this offense in the circumstances of the present case, the Commonwealth must prove that the defendant’s impaired operation occurred “upon any way or in any place to which members of the public have access as invitees or licensees.” G. L. c. 90, § 24(l)(a)(l), first par., as appearing in St. 1994, c. 25, § 3.2 The defendant contends that this requirement was not established by proof…