State v. Knott

Clifford Joe Knott, Jr. (Knott) appeals his conviction of driving under the influence (DUI). The citation was issued to Knott under the statutory language of section 18-8004 of the Idaho Code (I.C.) for conduct that occurred on “private property open to the public.” Knott argues that the conduct giving rise to the charge occurred on a private residential driveway not open to the public, and, therefore, his conduct did not fall within the DUI statute.

I

BACKGROUND AND PRIOR PROCEEDINGS

At about 3:20 a.m. on April 21, 1996, the Nampa Police Department received a call regarding loud music and…