Police respond to parking lot of apartment complex for a report of domestic dispute and find highly intoxicated driver engaged in heated argument with girlfriend in parked running automobile. Driver fails field sobriety tests and is placed under arrest for DWI. Charge dismissed prior to trial as defense establishes parking lot is part of a gated community requiring access through security entrance, and as such is not a “public way” for purposes of DWI statute. DWI Charge Dismissed.