OSHKOSH, WI (WTAQ) - It was okay for a police officer to stop a suspected drunk driver on a roadway at the EAA’s AirVenture Show in Oshkosh last year.

A state appeals court Wednesday grounded Matthew Miller’s argument that the police had no business stopping him, because he was on private property.

The 40-year-old Miller is from Fredonia. He claimed that he was stopped at a place that was not legally “held out to the public,” because you needed a pass to be there at 3 a.m.

But the appellate court said the road was sufficiently held out to the public.

The judges said the EAA opened the facility to thousands who bought passes for the AirVenture Show – and it did so without discrimination as far as who could buy those passes.

Authorities said Miller was driving toward the EAA’s Warbirds area at a high rate of speed. He would not take a breath test, and he was later convicted on a traffic charge of refusing to be tested for possible intoxication.

Miller was also charged with first-time OWI, but a prosecutor later had that charge dismissed.