Instructions

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."

Part I:Scenario 1

Analyze and evaluate the following scenario, answering the questions that follow the scenario.

SCENARIO 1:Taylor attended a local display of Fourth of July fireworks at the Fairgrounds in Martinsville, Ozland. Taylor was a part of the beer party afterward.Taylor owns a farm nearby and had come to the Fairgrounds by a horse-drawn wagon. Headed home, along Ozland State Highway 102, and very near to the farm, another local police officer pulled the horse and wagon over, only to find Taylor asleep in the back of the wagon. The horse, being in familiar territory near the farm, had continued along the highway after Taylor fell asleep.Taylor appeared to be passed out from partying, and there were empty beer cans and an empty vodka bottle in the wagon.There was a very strong odor of alcohol present. The officer arrested Taylor on the spot for OUI.

A.Does the Ozland statute apply and why or why not?

B.Do the facts satisfy each element of the Ozland statute?

C.What is the likely outcome of Taylor's case?