Is school property private or public?

[morgan_amara]

I am currently fighting a traffic ticket I had recieved a few months prior. The officer had cited me for having more than one person in my vehicle with a probationary licence. I had not left the school parking lot yet, and the officer had motioned me to pull onto the road. (Entrapment?) I need to know if school property in Wisconsin is private or public or/and to know if these probationary restrictions apply in the parking lot. Thank you.

 

[Silverplum]

What is the name of your state (only U.S. law)? Wisconsin.

http://lmgtfy.com/

 

[CdwJava]

What is the name of your state (only U.S. law)? Wisconsin.

Technically public, but there are situations in which it might be deemed as "private" depending on the circumstances.

What is your specific issue?

 

[morgan_amara]

My specific problem is the officer and district attorney are trying to classify this offense as being considered under the drunk driving statute (you can recieve a ticket for drunk driving on school property and he is assuming that the restrictions for a probitionary license apply in this manner also.

 

[Silverplum]

My specific problem is the officer and district attorney are trying to classify this offense as being considered under the drunk driving statute (you can recieve a ticket for drunk driving on school property and he is assuming that the restrictions for a probitionary license apply in this manner also.

So, in summary, you (or whoever) were caught by the cops driving drunk on school property with a provisional/probationary drivers license -- correct?

 

[FlyingRon]

"Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel and roads or driveways upon the grounds of public schools, as defined in s. 115.01 (1), and institutions under the jurisdiction of the county board of supervisors, but does not include private roads or driveways as defined in sub. (46).​

346.61  Applicability of sections relating to reckless and drunken driving. In addition to being applicable upon highways, ss. 346.62 to 346.64 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. Sections 346.62 to 346.64 do not apply to private parking areas at farms or single-family residences.​

 

[CdwJava]

My specific problem is the officer and district attorney are trying to classify this offense as being considered under the drunk driving statute (you can recieve a ticket for drunk driving on school property and he is assuming that the restrictions for a probitionary license apply in this manner also.

What specific statute(s) have you been charged with?

340.01 defines a "Highway" as:

"Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel and roads or driveways upon the grounds of public schools, as defined in s. 115.01 (1), and institutions under the jurisdiction of the county board of supervisors, but does not include private roads or driveways as defined in sub. (46).​

Yep. You should not have been there. The school is covered as a highway. You should not have had the passenger ... nor been DUI.

EDIT: Ah, hoo-hah! Ron beat me to it!

 

[HighwayMan]

OP wasn't DUI - he said the prosecutor said the same rules apply - i.e. it's a public highway so that law can be enforced there.