June 7, 2019
received and sworn to in the Falmouth Division of the
District Court Department on August 3, 2017. The case
was heard by J. Thomas Kirkman, J.
R. McMahon, III, for the defendant.
Marshard, Assistant District Attorney, for the Commonwealth.
Hanlon, Ditkoff, & McDonough, JJ.
defendant, Konstantinos Tsonis, appeals after a jury-waived
trial from his District Court convictions of operating under
the influence of intoxicating liquor, G. L. c. 90, § 24 (1)
(a) (1), and negligent operation of a motor vehicle, G. L. c.
90, § 24 (2) (a). We conclude that a parking lot that members
of the public may use to visit a restaurant, bar, shop, and
beach, all open to the public, is a public way or place.
Further concluding that evidence of the defendant's
physical characteristics, belligerent behavior, and erratic
driving was sufficient to show the defendant's impairment
and negligent operation, we affirm.
Crest Beach Hotel is a resort in North Falmouth consisting of
nine buildings, including a hotel, a restaurant, a bar, a
retail shop, and a public beach. The restaurant, bar, shop,
and beach are open to the public.
resort has one entrance and one exit and is accessible only
by Quaker Road, a public way. To access the parking lot,
drivers must pass by a gatehouse with a sign that says,
"GUEST CHECK IN." Those not checking into the hotel
are routinely permitted to drive by the gatehouse without
stopping and park in the parking lot. The gatehouse has an
attendant primarily on the weekends and only during the day.
when the resort is busy, parking is restricted to hotel
guests and beach club members.  At these times, the hotel
puts out a sign reading, "Parking For Registered Hotel
Guests and Beach Club Members Only." This sign, however,
is never left out at night. "The only time [the resort]
ha[s] a parking issue is during daylight hours when people
want to go to the beach."
August 3, 2017, in the early hours of the morning, an
employee of the resort saw a truck slowly moving in the
resort parking lot. The employee, who was in charge of
managing the parking lot, approached the truck and asked the
driver, through the open driver's side window, if he
needed assistance. The employee observed that the defendant,
the driver of the truck, did not respond but had a glazed
look on his face and appeared aggressive. The defendant then
drove away, driving over a curb. The employee was concerned
that the truck was disturbing guests because it was extremely
noisy and ...