State v. Baty

Defendant appeals from a conviction in municipal court for driving under the influence of intoxicants (DUII), ORS 813.010. She first assigns error to the trial court’s denial of her motion for a judgment of acquittal. That motion was based on the argument that, if she drove at all, it was only within the confines of a parking space reserved for persons with disabilities; an element of DUII is driving on “premises open to the public”; and a disabled-only parking space is not “open to the public.” She also assigns error to the court’s refusal to instruct the jury on the elements of “attempted…