Is the parking lot of a private social club a public vehicular area for purposes of North Carolina’s impaired driving laws? Yes, in most circumstances, it is. Public vehicular areas (or PVAs) include any area within the state “used by the public for vehicular traffic at any time.” G.S. 20-4.01(32) sets forth several illustrative examples of PVAs satisfying this expansive definition, among them any parking lot upon the grounds of any “business, residential, or municipal establishment providing parking space whether the business or establishment is open or closed.” First, many private social clubs, particularly those where alcohol is served, arguably function as business establishments. The parking areas of those sorts of establishments, insofar as they are driven upon by the public, fall within the illustrative example. And many such parking lots are open to the public for vehicular traffic at some point in time. Guests of club members frequently are allowed to park in the area. Persons in the general public interested in touring the facility may be allowed to use the lot. If events are held on the premises, the lot may be open to parking by members of the general public who are attending those events. Indeed, North Carolina’s appellate courts have adopted a broad view of the term public vehicular area, noting on several occasions that their interpretation accords with the legislature’s desire to protect people in parking lots from the dangers posed by those who drive while impaired. See State v. Robinette, 124 N.C. App. 212 (1996) [...]
Faculty Coordinators
