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STATE v. BATY

UC7318211; A142350.

259 P.3d 98 (2011)

243 Or. App. 77

STATE of Oregon, Plaintiff-Respondent, v. Rita Jean BATY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 25, 2011.

Attorney(s) appearing for the Case

Erin Galli argued the cause for appellant. With her on the briefs was John Henry Hingson III.

Erika L. Hadlock, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Senior Judge.

SCHUMAN, P.J.

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...

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