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Opinion No. 50-1220, (1950)

Court: Oklahoma Attorney General Reports Number:  Visitors: 3
Filed: Dec. 20, 1950
Latest Update: Mar. 03, 2020
Summary: OPINION — AG — ** DRIVING WHILE UNDER THE INFLUENCE — HIGHWAY — DEFINITIONS ** DEFENDANTS (1950) ARE CHARGED WITH OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR. YOU CALL ATTENTION TO THE FACT THAT 47 Ohio St. 93 [ 47-93 ], MAKES IT UNLAWFUL FOR ANY PERSON UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND/OR DRUGS TO OPERATE A MOTOR VEHICLE ON ANY "HIGHWAY" AS DEFINED IN 47 Ohio St. 91 [ 47-91 ]. THIS PROVISION WAS REPEALED BY UNIFORM TRAFFIC CODE AND NOW DEFENDANTS ARE
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OPINION — AG — ** DRIVING WHILE UNDER THE INFLUENCE — HIGHWAY — DEFINITIONS ** DEFENDANTS (1950) ARE CHARGED WITH OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR. YOU CALL ATTENTION TO THE FACT THAT 47 Ohio St. 93 [47-93], MAKES IT UNLAWFUL FOR ANY PERSON UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND/OR DRUGS TO OPERATE A MOTOR VEHICLE ON ANY "HIGHWAY" AS DEFINED IN 47 Ohio St. 91 [47-91]. THIS PROVISION WAS REPEALED BY UNIFORM TRAFFIC CODE AND NOW DEFENDANTS ARE ATTEMPTING TO QUASH INFORMATIONS . . . WE BELIEVED THAT 47 Ohio St. 93 [47-93] IS STILL TO BE CONSTRUED AND APPLIES WITH THE DEFINITION OF "HIGHWAY" IN 47 Ohio St. 91 [47-91] (ARREST, DRUNKEN DRIVING) CITE: 47 Ohio St. 91 [47-91], 47 Ohio St. 93 [47-93] (SAM H. LATTIMORE)

Source:  CourtListener

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