State v. Schwein
16 P.3d 373, 2000 MT 371, 303 Mont. 450 (2000)
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Rule of Law:
A privately owned or leased parking area that is adapted for and in common use by the public constitutes a 'way of this state open to the public' for the purposes of the driving under the influence (DUI) statute.
Facts:
- Michael Schwein owned Magic City Welding, which was located next to the Moose Breath Saloon in Billings, Montana.
- Schwein leased a parking space for his 1995 Chevrolet Corvette in the parking lot situated between his business and the saloon.
- On the evening of March 13, 1999, Schwein was drinking at the Moose Breath Saloon and had given his primary set of car keys to the bar owner.
- Schwein later retrieved a spare set of keys he kept hidden on his car.
- Around 11 p.m., Deputy Sheriff Troy Kane found Schwein asleep in the driver's seat of his parked Corvette.
- The car's headlights and dashboard lights were on, and the keys were in the ignition.
- When Kane woke Schwein, Schwein grabbed for the ignition keys and unsuccessfully attempted to start the vehicle.
Procedural Posture:
- The State of Montana charged Michael Schwein with driving under the influence of alcohol (DUI).
- The case was tried before a jury in the Thirteenth Judicial District Court, Yellowstone County, which is a trial court.
- During the trial, Schwein moved for a directed verdict of acquittal, arguing the state failed to prove the offense occurred on a 'way of the state open to the public.'
- The trial court denied Schwein's motion.
- The jury found Schwein guilty of DUI.
- Schwein, as the appellant, appealed the judgment of conviction to the Supreme Court of Montana.
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Issue:
Does a privately leased parking space, located within a larger parking lot that is adapted for and in common use by the public, constitute a 'way of this state open to the public' for the purpose of a DUI charge?
Opinions:
Majority - Justice Leaphart
Yes. A privately leased parking space within a larger lot commonly used by the public constitutes a 'way of this state open to the public.' The court reasoned that the statutory definition of 'ways of the state open to the public' is broad and not limited to places legally dedicated to public use. Citing State v. Weis, the court highlighted that the definition explicitly includes any 'private place adapted and fitted for public travel that is in common use by the public.' Drawing a parallel to City of Billings v. Peete, where a hotel parking garage was deemed a public way, the court concluded that the parking lot in question, being used by customers of adjoining businesses, was adapted for and in common use by the public, thus falling within the statute's scope.
Dissenting - Justice Trieweiler
No. There was insufficient evidence to prove Schwein was on a 'way of this state open to the public.' The dissent argued that Schwein was in his personally leased parking space after business hours, a space from which he had the authority to have other cars towed. Unlike the cases cited by the majority, Schwein was not operating his vehicle, the engine was off, and he had no intention of driving. The dissent contended that the majority's decision extends the law beyond its intended purpose of public safety, punishing an individual who chose a safe alternative to driving while intoxicated and posed no threat to the public.
Analysis:
This decision significantly broadens the geographic scope of Montana's DUI laws, clarifying that 'actual physical control' of a vehicle while intoxicated is prohibited in locations beyond traditional public roads. The ruling establishes that the determinative factor is not the legal ownership of the property, but its function and common use by the public. This precedent makes it easier for prosecutors to secure DUI convictions for incidents occurring in quasi-public spaces like commercial parking lots, potentially discouraging individuals from using their vehicles as a temporary shelter to 'sleep it off' in such areas.
