Houston v. State
This text of 1980 OK CR 63 (Houston v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
OPINION
The sole issue we are asked to resolve is: Does the drunk driving statute have application for acts occurring on private property?
[306]*306The appellant was convicted of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor in a parking lot adjacent to a tavern in Oklahoma City and was sentenced to one (1) year in the county jail, suspended. Title 47 O.S.Supp.1979, § 11-902,1 prohibits the operation of a motor vehicle “within this state” while under the influence of intoxicating liquor. This Court stated in Laughlin v. City of Tulsa, Okl.Cr., 492 P.2d 1131, 1132 (1972):
“. . . Generally, where the language of a motor vehicle statute does not restrict its application to public streets, the statute applies throughout the jurisdiction and extends to both public and private property. . . . ” (Citations omitted)
Section 11-902 is not restricted standing alone. Section 11-902, however, must be read in conjunction with 47 O.S.1971, § 11-101. Section 11-101 states:
“The provisions of this chapter [11] relating to the operation of vehicles refer exclusively to the operation of vehicles upon the highways except:
“1. Where a different place is specifically referred to in a given section.
“2. The provisions of . article IX of this chapter shall apply upon highways, turnpikes and public parking lots throughout the state.” (Emphasis added)
The “within this state” language of Section 11-902 is not a “different place . specifically referred to” so as to make paragraph one of the above quoted section applicable. Paragraph two, however, is applicable. Driving under the influence of alcohol is prohibited on highways, turnpikes and public parking lots.2
The appellant contends that the parking lot in which he was driving was not a public parking lot. We cannot agree. A public parking lot is defined as, “any parking lot on right-of-way dedicated to public use or owned by the State or a political subdivision thereof.” Title 47 O.S.1971, § l-142(b). We interpret the definition to mean that any parking lot which is adjacent to a righUof-way, or which the general public has access to, is a public parking lot.
The legislative purpose in making driving under the influence of alcohol a crime is to protect the citizens from the menacing acts of the intoxicated driver. Luellen v. State, 64 Okl.Cr. 382, 81 P.2d 323 (1938). An intoxicated person driving a car in a parking lot to which the general public has access creates an inherent danger to both persons and property. It would be absurd and against legislative intent to argue otherwise. Law enforcement officers should be authorized to arrest the intoxicated driver before he injures or destroys persons and property. Hughes v. State, Okl. Cr., 535 P.2d 1023 (1975).
[307]*307We hold today that the appellant was within the purview of Section 11-902 at the time of his arrest and that his conviction must stand.
The judgment and sentence is AFFIRMED.
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Cite This Page — Counsel Stack
1980 OK CR 63, 615 P.2d 305, 1980 Okla. Crim. App. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houston-v-state-oklacrimapp-1980.