A Lititz man's challenge of his DUI conviction stalled when a state appeals court ruled that a parking lot is a trafficway as defined in the Pennsylvania Vehicle Code.
Charles T. Anton, 40, didn't dispute that he was under the influence and in control of his Nissan Sentra on June 1, 2018, at the Shoppes at Kissel Village, according to the Superior Court's Monday, Jan. 13, opinion.
Instead, he claimed he wasn't on a highway or trafficway and therefore, that wasn't enough to uphold the conviction, the opinion said. An essential element of DUI is that a vehicle be operated on a highway or trafficway, the opinion said.
While the court agreed that a parking lot doesn't meet the state's definition of a highway, the strip mall's parking lot met the state's definition of a trafficway, because it is "open to the public for purposes of vehicular travel as a matter of right or custom," the court found.
Anton was charged after a woman called police to report Anton seemed to be under the influence of a drug after he backed into her car in the parking lot and offered her expired concert tickets. He was found to be under the influence of a stimulant and a narcotic.