Commonwealth v. Virgilio

My colleagues have composed a characteristically thorough survey of the case law. However, I must respectfully decline to join in its application to the undisputed facts presented by this appeal. In my view, this case harbors a significant issue of first impression: whether the common area entryways and parking zones of multiple-unit residential buildings constitute “any place to which members of the public have access as invitees or licensees” within the meaning of the Commonwealth’s primary statute prohibiting driving impaired by alcohol. G. L. c. 90, § 24(l)(a)(l). None of the cited…