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STATE v. KNOTT

No. 24265.

974 P.2d 1105 (1999)

132 Idaho 476

STATE of Idaho, Plaintiff-Respondent, v. Clifford Joe KNOTT, Jr., Defendant-Appellant.

Supreme Court of Idaho, Boise, December 1998 Term.

April 5, 1999.

Attorney(s) appearing for the Case

Alexanderson, Davis, Rainey & Whitney, Caldwell, for appellant. Ronald P. Rainey argued.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for the respondent. Kenneth K. Jorgensen argued.

SCHROEDER, Justice

Clifford Joe Knott, Jr. (Knott) appeals his conviction of driving under the influence (DUI). The citation was issued to Knott under the statutory language of section 18-8004 of the Idaho Code (I.C.) for conduct that occurred on "private property open to the public." Knott argues that the conduct giving rise to the charge occurred on a private residential driveway not open to the public, and, therefore, his conduct did not fall within the DUI statute...

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