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Hit-and-run – public premises

State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999)
For Carter: Paul G. LaZotte

Holding: Hit-and-run, § 346.67, applies to “premises held out to the public for use of their motor vehicles.” The event occurred at a closed gas station; the court holds the element satisfied: ” … The premises is bordered by two city streets and abuts an alley in the rear. As such, it is easily accessed by the public. Although there were ‘No Parking’ signs on the premises, there were not any signs prohibiting trespassing or passing through the lot. Nor had the owner taken any steps, such as fencing, to keep the public off the property. Nor was there evidence that the owner had ever towed any vehicle from the property. In addition, the owner had posted a ‘For Sale’ sign on the property, making it reasonable to infer that the public was welcomed or invited to enter the premises and inspect the property.”

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