State v. Provencher

The question in this driving under the influence of intoxicating liquor case is whether the yard of a gasoline station is a “way” as defined in RSA 259:1 XXXV and as required under RSA 262-A:62. We hold that it is not such a “way.”

The district court found that defendant was arrested by a State police officer who was in the entrance to a gasoline filling station on Hanover Street in Manchester and who “saw defendant enter the station premises from Hanover Street.” It is unclear whether the trooper actually saw defendant on Hanover Street. The vehicle had a flat tire.

Defendant was charged with…