Statute: The (simplified) Ozland Motor Vehicle Laws describe Operating Under the Influence of Drugs or Alcohol (OUI) as follows:
“Any person who operates a vehicle on a state or local public right of way, or has open access to such right of way, while under the influence of drugs or alcohol at any time, may be arrested upon probable cause for such operation.”
PLEASE NOTE: This is all the information given for the purposes of this exercise – do not make any suppositions beyond what you are given herein.
Read the scenario below and:
A. whether the above Ozland statute applies to each scenario
B. whether the facts in each scenario satisfy each element of the statute
C. what a probable outcome is for each client’s case.
SCENARIO. Janni, on her way home from the same Fairgrounds fireworks display, drove to a nearby town to get something to eat at McDonald’s. She drove through the McDonald’s drive-through order lane to pick up her food order. As she exited the drive-through lane and was still on McDonald’s property, she was stopped by a police officer, and ordered to take a field sobriety test. She failed the test and was immediately arrested for OUI.