In North Carolina, in order to be convicted of a DWI, the prosecutor must prove that you were driving a vehicle on a street, highway, or public vehicular area. While it’s not hard to imagine what counts as a street or highway, the definition of a public vehicular area is a little harder to picture.
The term “public vehicular area,” or “PVA,” has a broad and often misunderstood meaning. The term PVA is generally understood to mean any place open and accessible to the public’s vehicles. The fact that the property is owned by a private individual, corporation, or any other non-public entity doesn’t guarantee that the property is not a PVA. In deciding whether a particular property is a PVA, judges consider whether the property in question meets certain characteristics common to all PVAs. The parking lot of a private establishment like a bar or fraternity can be considered a PVA.
As a DWI prosecutor I argued the PVA issue in court and know what judges use to determine a PVA. If you were stopped somewhere besides a street or highway and charged with DWI you need the experience of a former DWI prosecutor to help you explore all possible defenses to your case. I’m available 24 hours a day/365 days a year to answer your questions about your DWI charge. My phone number is (919) 886-7506.