Suelzle v. NDDOT

Citations

• 2020 ND 206

Syllabus

A person may be arrested for actual physical control of a vehicle while under the influence of alcohol if the vehicle is located on private property in a private area to which the public has a right of access. Whether property is a private area to which the public has a right of access is a question of fact, which may be determined by factors including: the existence or absence of signs, gates, or barriers whether or not there is routine use by the public not specifically invited to use the property, such as for purposes of visiting, making deliveries, or otherwise interacting with the owner and the location of the vehicle on the property.