City of Billings v. Peete

Raymond K. Peete, defendant, was convicted in Billings City - Page 159 Court of violating Section 61-8-401(1)(a), MCA, driving while under the influence of alcohol. He appealed his conviction to Yellowstone County District Court. Defendant filed a motion to dismiss, alleging that he was not operating a motor vehicle "upon the ways of the state open to the public," as required by the statute. The motion to dismiss was denied. Defendant was again convicted of violating Section 61-8-401(1)(a), MCA. Defendant appeals the District Courts failure to grant his motion to dismiss. We affirm.