A man goes t a party and has several beers. He gets into his car to drive home,

Question

A man goes t a party and has several beers. He gets into his car to drive home, but he realizes that the alcohol has affected hm, so he pulls off the road int a highway rest area and decides to take a nap to help him feel more alert. He parks his car and turns off the engin, leaving the keys in the ignition. He quickly falls asleep. He is awakended by a flashlight shining in his eyes, and a police officer knowcks on the window. He is given a breathalyzer test and fails it, and he is charged with driving while intoxicated, even though his car was parked and he was asleep. FIND CASES DISCUSSING WHAT CONSTITUTES DRIVING, OPERATING OR BEING IN PHYSICAL CONTROL OVER A VEHICLE FOR THE PURPOSES OF A CHARGE WHILE DRIVING INTOXICATED.

PARTIES:

PLACES AND THINGS:

BASIS OF ACTION OR ISSUE:

DEFENSE:

RELIEF SOUGHT:

Explanation / Answer

PARTIES: The man Vs the police officers

PLACES AND THINGS: Party, Highway Rest area, the car, alcohol

BASIS OF ACTION OR ISSUE: Drunk and drive

DEFENSE: The man was not driving while intoxicated

RELIEF SOUGHT: The car was parked while the police officers woke him up, so he cannot be charged with drunk and drive.

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