Reference no: EM132266152
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 Sandy attended a local display of Fourth of July fireworks at the Fairgrounds in Martinsville, Ozland. After the display, Sandy drank a few beers with some friends at the Fairgrounds then got on his 10-speed bicycle to ride home. As he traveled along Ozland State Highway 102, he was stopped by a local police officer who said Sandy was weaving from side to side on his bicycle. The policeman gave Sandy a breathalyzer test, then arrested him for OUI, because the results of the breathalzyer test were above the legal limit for operating a vehicle.