The Missouri Supreme Court Has Interpreted

923 Words Nov 8th, 2016 4 Pages
The Missouri Supreme Court has interpreted “highway” to apply to any roads where the public is accustomed to travel. Covert, S.W.3d at 75. The Missouri courts will look at the following factors to determine if a road is a highway: its (1) accessibility by (a) emergency vehicles, (b) delivery vehicles, and (c) members of the public; (2) its regulation, Id. at 74,75; (3) maintenance of the road, and (4) its usage for travel and as a thoroughfare, State v. Gittemeier, 400 S.W.3d 838, 844 (Mo. Ct. App. E.D. 2013). Furthermore, the courts have determined that a privately maintained road may still be considered a highway if it is still accessible to the public. Covert, S.W.3d at 77.
In Covert, the court concluded that the defendant was on a highway. Id. In Covert, the police patrolled the subdivision. Id. at 73. It can be inferred that the court reasoned that police patrolling of the area was important because police enforce public rules. Id. at 75. Mail delivery services delivered throughout the subdivision Id. at 73. It can be inferred that the court reasoned that delivery services having access was important because it shows that the streets where intended to be utilized by businesses. Id. at 75. Members of the public could freely drive onto the roads as desired. Id. at 73. The court reasoned that access by the public was important because it shows that the streets were intended to be utilized freely. Id. at 75. State issued street signs were present on the road. Id. at 72. It…

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