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Fenimore v. State9/30/2003
ALR 5th 655 at 689.
Ifthe language of Oklahoma's driving under the influencestatute needs to be amended – whether by broadening the language or by makingit an all inclusive statute to prohibit driving under the influence anywhere inthe State, it must be done by the Oklahoma Legislature. The growing number oftrailer parks, apartment complexes, gated communities and similar privateproperty locations have created a public safety question whether theseareas should be included in a broad statute for the protection of thepublic. We defer to the legislature toanswer that question.
In this case, Appellant was allegedlydrunk driving on a road in a trailer park which was privately owned and notpublicly maintained. He was not observeddriving outside of the trailer park. The State did not present any evidenceshowing the streets of the privately owned trailer park were open to the publicor were adjacent to the public roadway. Under the facts presented here, we are unable to sustain Appellant'sconviction because the State did not prove he was driving on a highway,turnpike, or public parking lot. Accordingly, we find Appellant's convictionsfor felony Driving Under the Influence and DrivingWhile Privilege Revoked should be reversed and remanded to the District Court of Oklahoma County withinstructions to dismiss.
DECISION
The Judgment and Sentences imposed in OklahomaCounty District
Court, Case No. CF 2001-5650, are hereby REVERSED AND REMANDED TO THE DISTRICT COURT WITH INSTRUCTIONS TO DISMISS
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