KASS, J.
James J. Hart, IV, the defendant, concedes that when the police stopped him past midnight on April 25, 1986, he was driving under the influence of intoxicating liquor. The question he raises on appeal is whether, at the time the police first noticed him, he was operating "upon any way or in any place to which members of the public have access as invitees or licensees." G.L.c. 90, § 24(1)(a)(1), as appearing in St. 1982, c. 373, § 2. Hart...
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