Statutory Analysis Report

You will prepare a two- to four-page report that applies a statute to a specific hypothetical fact pattern. You must identify all of the elements of the statute and discuss whether the hypothetical fact pattern satisfies all of the elements of the statute. In addition, you must discuss what the outcome would be under the statute.

The (simplified) New Hampshire 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." (This is what you are given for the purposes of this exercise - do not make any suppositions beyond what you are given herein.)

Please apply this law to how you would decide the following three scenarios: (You are the Judge of the court):

SCENARIO ONE. Joe citizen has been to the local display of Fourth of July fireworks at the Town Common in Londonderry, NH. After the display, and some beer with his friends, Joe gets on his bicycle to ride home. As he traveled along NH102 (a State highway), he was stopped by a local policeman, given a breathalyzer test, and arrested for OUI, based upon a higher than legal reading on the meter.

SCENARIO TWO. Jim citizen was at the same fireworks display, and was a part of the beer party afterwards. Jim owned a farm nearby, and had come by a horse-drawn wagon. Headed home, along NH 102, and very near to his house, another local policeman pulled the horse and wagon over, only to find Jim asleep in the back of the wagon. The horse was headed for the barn and a warn stall with fresh oats and hay. Jim was obviously passed out from his partying, as there were empty beer cans and an empty vodka bottle in the wagon, as well as a very strong odor of alcohol present. The officer arrested Jim for OUI.

SCENARIO THREE. Jane citizen, on her way home from the same display, heads over to a nearby town to get something to eat at McDonald's. As she exits the drive through, still on McDonald's property, she is stopped by police, and ordered to take a field sobriety test, which she fails. She is arrested for OUI.

Question 1 above is worth 7 points, question 2 above is worth 7 points, and question 3 above is worth 8 points. Please explain your position and reasoning thoroughly

You will prepare a report that applies a statute to each specific hypothetical fact pattern. You must identify all of the elements of the statute and discuss whether the hypothetical fact pattern satisfies all of the elements of the statute. In addition, you must discuss what the outcome would be under the statute.