Important: Use only the provided information for this exercise. Do not conduct additional research or make any suppositions beyond what you are given.
Statute: The Ozland Vehicle Code describes Operating Under the Influence of Drugs or Alcohol (OUI) as follows:
Any person who operates a vehicle on a public road or has open access to such a road while under the influence of drugs or alcohol at any time commits the offense of Operating Under the Influence of Drugs or Alcohol.
Questions
Part I: OUI
A. Outline the OUI statute.
B. Identify each element of OUI.
Part II: Taylor
Taylor watched Independence Day fireworks and attended a beer party after the show at the Ozland Fairgrounds. Taylor owns a nearby farm and had traveled to the Fairgrounds by horse-drawn wagon. When the party was over, Taylor headed home. Some time later, on Ozland Highway 102, a police officer noticed Taylor’s horse-drawn wagon proceeding along the highway with harness parts dangling dangerously and no person in sight. The officer stopped Taylor’s horse-drawn wagon and found Taylor asleep in the back of the wagon, surrounded by empty beer cans and the odor of alcohol. Taylor was arrested for OUI and found to have a high blood alcohol content.
A. Do the facts satisfy each element of the Ozland OUI statute? Thoroughly explain why or why not.
TIP: Remember that a thorough explanation will:
- Address every element of OUI—whether or not the element is satisfied; and
- Identify specific facts (or missing facts!) to support each conclusion.
B. What is the likely outcome of Taylor’s case?
Part III: Janni
Janni drove her car to the Ozland Fairgrounds, where she watched the annual Independence Day fireworks show. On her way home, Janni decided to get something to eat at Taco Bell using the restaurant’s drive-thru window. As she exited the drive-thru lane and was still on Taco Bell’s property, Janni lost her grip on the steering wheel and her car swerved suddenly. A police officer who saw the car swerve stopped Janni and asked her to take a field sobriety test, which she failed. Janni was arrested for OUI and found to have a high blood alcohol content.
A. Do the facts satisfy each element of the Ozland OUI statute? Thoroughly explain why or why not.
TIP: Remember that a thorough explanation will:
- Address every element of OUI—whether or not the element is satisfied; and
- Identify specific facts (or missing facts!) to support each conclusion.
B. What is the likely outcome of Janni’s case?
* * *
Format
TO: Bernie Franks, Director of Paralegals
FROM: [Your name]
RE: Ozland OUI Statute
DATE:
Part I: OUI
A.
B.
Part II: Taylor
A.
B.
Part III: Janni
A.
B.