identify the statute applicable to a case and explain why or why not there was a violation of the statute, including providing case examples for your position.

Specific instructions for this assignment are found in theAssignmentssection of the appropriateModuleinContent.

Submission Instructions

1. In the Chapter 11 Summary of your textbook, there are two DUI problems presented; YOU CAN ONLY USE: Problem 2 and Problem 3 found on pg. 345-6 of your e-Text!

INSTRUCTIONS YOU MUST FOLLOW TO PASS THIS ASSIGNMENT:

In the Chapter 11 Summary of your textbook you are to research one of two DUI-related problems presented to read: Problem 2 and Problem 3 - one is about a woman and her son in a car; the other about a person passed out in his car.

> These two scenarios are found at the end of your e-text in Chapter 11 under the Heading: "Classroom Discussion Questions and Activities" - DO NOT answer scenario #1; only answer either scenario #2 or #3 found on pg. 345-6 of your e-Text! > CHOOSE one of these problems, scenario #2 or scenario #3, and then address the following: What is the COLORADO statute in question regarding DUIs (might want to click on this link... )? Do not research this issue on the internet without referring to AND explaining the CO DUI statute... Was the defendant operating the vehicle within the meaning of the statute? Why do you believe they were or were not within the meaning of the statute? Research and provide case examples to support your position.

Here are the 2 problems to choose from:

The following problems examine various factual situations that involve driving or operating a motor vehicle. For purposes of these problems, you should assume that the defendant is intoxicated to the degree that all other elements of the offense have been satisfied.

Problem 2

In a state that prohibits operation of a vehicle while under the influence, an officer observed a vehicle moving on a public road in an erratic manner. After stopping the car and approaching the driver's side, the officer observed a 10-year-old behind the wheel and the defendant in the passenger seat. The defendant was obviously intoxicated and stated that the minor was her son.

>> ISSUE: Was the defendant operating the vehicle within the meaning of the statute?

Problem 3

Under the same statute as in problem 2, the officer discovered the defendant, passed out with the smell of alcohol in the vehicle and on the person, laying in the front driver's seat of the vehicle with its engine running, but the gear shift was in the park position and the emergency brake was on.

>> ISSUE: Was the defendant operating the vehicle within the meaning of the Colorado statute?