Mr. Robinson Was Quite Ill Recently, Do The Math Perhaps Crossword Clue 7 Letters

Wednesday, 31 July 2024

Superior Court for Greenlee County, 153 Ariz. 2d at 152 (citing Zavala, 136 Ariz. 2d at 459). At least one state, Idaho, has a statutory definition of "actual physical control. " As a practical matter, we recognize that any definition of "actual physical control, " no matter how carefully considered, cannot aspire to cover every one of the many factual variations that one may envision. Mr. robinson was quite ill recently released. Management Personnel Servs. In view of the legal standards we have enunciated and the circumstances of the instant case, we conclude there was a reasonable doubt that Atkinson was in "actual physical control" of his vehicle, an essential element of the crime with which he was charged.

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In this instance, the context is the legislature's desire to prevent intoxicated individuals from posing a serious public risk with their vehicles. More recently, the Alabama Supreme Court abandoned this strict, three-pronged test, adopting instead a "totality of the circumstances test" and reducing the test's three prongs to "factors to be considered. " Key v. Town of Kinsey, 424 So. ' " State v. Schwalk, 430 N. 2d 317, 319 (N. 1988) (quoting Buck v. North Dakota State Hgwy. While the Idaho statute is quite clear that the vehicle's engine must be running to establish "actual physical control, " that state's courts have nonetheless found it necessary to address the meaning of "being in the driver's position. " The court reached this conclusion based on its belief that "it is reasonable to allow a driver, when he believes his driving is impaired, to pull completely off the highway, turn the key off and sleep until he is sober, without fear of being arrested for being in control. " Cagle v. City of Gadsden, 495 So. Denied, 429 U. Mr. robinson was quite ill recently passed. S. 1104, 97 1131, 51 554 (1977). The location of the vehicle can be a determinative factor in the inquiry because a person whose vehicle is parked illegally or stopped in the roadway is obligated by law to move the vehicle, and because of this obligation could more readily be deemed in "actual physical control" than a person lawfully parked on the shoulder or on his or her own property. The court concluded that "while the defendant remained behind the wheel of the truck, the pulling off to the side of the road and turning off the ignition indicate that defendant voluntarily ceased to exercise control over the vehicle prior to losing consciousness, " and it reversed his conviction. Id., 136 Ariz. 2d at 459. 3] We disagree with this construction of "actual physical control, " which we consider overly broad and excessively rigid. Accordingly, a person is in "actual physical control" if the person is presently exercising or is imminently likely to exercise "restraining or directing influence" over a motor vehicle while in an intoxicated condition. Webster's also contrasts "actual" with "potential and possible" as well as with "hypothetical.

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Superior Court for Greenlee County, 153 Ariz. 119, 735 P. 2d 149, 152 (). No one factor alone will necessarily be dispositive of whether the defendant was in "actual physical control" of the vehicle. The court said: "An intoxicated person seated behind the steering wheel of an automobile is a threat to the safety and welfare of the public. V. Sandefur, 300 Md. Many of our sister courts have struggled with determining the exact breadth of conduct described by "actual physical control" of a motor vehicle, reaching varied results. Mr. robinson was quite ill recently lost. 2d 701, 703 () (citing State v. Purcell, 336 A.

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By using the word "actual, " the legislature implied a current or imminent restraining or directing influence over a vehicle. Because of the varying tests and the myriad factual permutations, synthesizing or summarizing the opinions of other courts appears futile. Statutory language, whether plain or not, must be read in its context. What constitutes "actual physical control" will inevitably depend on the facts of the individual case. In those rare instances where the facts show that a defendant was furthering the goal of safer highways by voluntarily 'sleeping it off' in his vehicle, and that he had no intent of moving the vehicle, trial courts should be allowed to find that the defendant was not 'in actual physical control' of the vehicle.... ". In Garcia, the court held that the defendant was in "actual physical control" and not a "passive occupant" when he was apprehended while in the process of turning the key to start the vehicle. The engine was off, although there was no indication as to whether the keys were in the ignition or not. We believe no such crime exists in Maryland. In Alabama, "actual physical control" was initially defined as "exclusive physical power, and present ability, to operate, move, park, or direct whatever use or non-use is to be made of the motor vehicle at the moment. " We therefore join other courts which have rejected an inflexible test that would make criminals of all people who sit intoxicated in a vehicle while in possession of the vehicle's ignition keys, without regard to the surrounding circumstances. Balanced against these facts were the circumstances that the vehicle was legally parked, the ignition was off, and Atkinson was fast asleep. And while we can say that such people should have stayed sober or planned better, that does not realistically resolve this all-too-frequent predicament.

In these states, the "actual physical control" language is construed as intending "to deter individuals who have been drinking intoxicating liquor from getting into their vehicles, except as passengers. " This view, at least insofar as it excuses a drunk driver who was already driving but who subsequently relinquishes control, might be subject to criticism as encouraging drunk drivers to test their skills by attempting first to drive before concluding that they had better not. Idaho Code § 18- 8002(7) (1987 & 1991); Matter of Clayton, 113 Idaho 817, 748 P. 2d 401, 403 (1988). FN6] Still, some generalizations are valid. A vehicle that is operable to some extent. When the occupant is totally passive, has not in any way attempted to actively control the vehicle, and there is no reason to believe that the inebriated person is imminently going to control the vehicle in his or her condition, we do not believe that the legislature intended for criminal sanctions to apply. In Zavala, an officer discovered the defendant sitting unconscious in the driver's seat of his truck, with the key in the ignition, but off. Those were the facts in the Court of Special Appeals' decision in Gore v. State, 74 143, 536 A. Adams v. State, 697 P. 2d 622, 625 (Wyo.

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