“Premises open to the public.”
Source:
Section 801.400 — “Premises open to the public.”, https://www.oregonlegislature.gov/bills_laws/ors/ors801.html.
Notes of Decisions
Under former similar statute
Under this section, “open to the public” means, at least, roads to which public has been given access for purpose of encouraging business with owners of roads, and evidence was sufficient to sustain defendant’s conviction for reckless driving on road located entirely within private housing development. State v. Brusseau, 33 Or App 501, 577 P2d 529 (1978)
Where there was testimony that there was no “attempt to block off members of the public” from use of apartment parking lot and that lot was “open to the public,” there was sufficient evidence to find that parking lot was “premises open to the public” and conviction for driving while suspended on parking lot was proper. State v. Mulder, 290 Or 899, 629 P2d 816 (1981)
Where the record contained evidence that the actual use of the streets of a privately owned condominium development did include general public and the access to the premises was not effectively or systematically restricted, there was sufficient evidence for jury to find, beyond a reasonable doubt, that the streets of the development were “premises open to the public.” State v. Scott, 61 Or App 205, 655 P2d 1094 (1982)
Where trial court instructed jury that the term “premises open to the public” included any premises from which there was no attempt to block off members of the public, this could have led the jury to believe a failure to “block off” public access was determinative of the issue in a manner that was not required by the statute and the instruction was therefore error. State v. Scott, 61 Or App 205, 655 P2d 1094 (1982)
Up to date