Mr. Robinson Was Quite Ill Recently
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. For example, a person asleep on the back seat, under a blanket, might not be found in "actual physical control, " even if the engine is running. Comm'r, 425 N. 2d 370 (N. 1988), in turn quoting Martin v. Commissioner of Public Safety, 358 N. 2d 734, 737 ()); see also Berger v. Mr. robinson was quite ill recently played most played. District of Columbia, 597 A.
- What happened to craig robinson
- Mr. robinson was quite ill recently played most played
- What happened to will robinson
What Happened To Craig Robinson
In the instant case, stipulations that Atkinson was in the driver's seat and the keys were in the ignition were strong factors indicating he was in "actual physical control. " In this instance, the context is the legislature's desire to prevent intoxicated individuals from posing a serious public risk with their vehicles. 3] We disagree with this construction of "actual physical control, " which we consider overly broad and excessively rigid. Because of the varying tests and the myriad factual permutations, synthesizing or summarizing the opinions of other courts appears futile. We believe that the General Assembly, particularly by including the word "actual" in the term "actual physical control, " meant something more than merely sleeping in a legally parked vehicle with the ignition off. One can discern a clear view among a few states, for example, that "the purpose of the 'actual physical control' offense is [as] a preventive measure, " State v. Schuler, 243 N. W. 2d 367, 370 (N. Is anne robinson ill. D. 1976), and that " 'an intoxicated person seated behind the steering wheel of a motor vehicle is a threat to the safety and welfare of the public. ' 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. What constitutes "actual physical control" will inevitably depend on the facts of the individual case. We believe no such crime exists in Maryland. Rather, each must be considered with an eye towards whether there is in fact present or imminent exercise of control over the vehicle or, instead, whether the vehicle is merely being used as a stationary shelter. Those were the facts in the Court of Special Appeals' decision in Gore v. State, 74 143, 536 A. See Jackson, 443 U. at 319, 99 at 2789, 61 at 573; Tichnell, 287 Md. Richmond v. State, 326 Md.
Mr. Robinson Was Quite Ill Recently Played Most Played
No one factor alone will necessarily be dispositive of whether the defendant was in "actual physical control" of the vehicle. The inquiry must always take into account a number of factors, however, including the following: 1) whether or not the vehicle's engine is running, or the ignition on; 2) where and in what position the person is found in the vehicle; 3) whether the person is awake or asleep; 4) where the vehicle's ignition key is located; 5) whether the vehicle's headlights are on; 6) whether the vehicle is located in the roadway or is legally parked. Management Personnel Servs. Webster's also defines "control" as "to exercise restraining or directing influence over. " Quoting Hughes v. What happened to will robinson. State, 535 P. 2d 1023, 1024 ()) (both cases involved defendant seated behind the steering wheel of vehicle parked partially in the roadway with the key in the ignition). 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. Further, when interpreting a statute, we assume that the words of the statute have their ordinary and natural meaning, absent some indication to the contrary. Even the presence of such a statutory definition has failed to settle the matter, however. Superior Court for Greenlee County, 153 Ariz. 119, 735 P. 2d 149, 152 ().
What Happened To Will Robinson
In People v. Cummings, 176 293, 125 514, 517, 530 N. 2d 672, 675 (1988), the Illinois Court of Appeals also rejected a reading of "actual physical control" which would have prohibited intoxicated persons from entering their vehicles to "sleep it off. " Other factors may militate against a court's determination on this point, however. 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. FN6] Still, some generalizations are valid. 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.
The Arizona Court of Appeals has since clarified Zavala by establishing a two-part test for relinquishing "actual physical control"--a driver must "place his vehicle away from the road pavement, outside regular traffic lanes, and... turn off the ignition so that the vehicle's engine is not running. We have no such contrary indications here, so we examine the ordinary meaning of "actual physical control. " 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. " What may be an unduly broad extension of this "sleep it off" policy can be found in the Arizona Supreme Court's Zavala v. State, 136 Ariz. 356, 666 P. 2d 456 (1983), which not only encouraged a driver to "sleep it off" before attempting to drive, but also could be read as encouraging drivers already driving to pull over and sleep. The danger is less than that involved when the vehicle is actually moving; however, the danger does exist and the degree of danger is only slightly less than when the vehicle is moving. Active or constructive possession of the vehicle's ignition key by the person charged or, in the alternative, proof that such a key is not required for the vehicle's operation; 2. It is important to bear in mind that a defendant who is not in "actual physical control" of the vehicle at the time of apprehension will not necessarily escape arrest and prosecution for a drunk driving offense. Emphasis in original). While the preferred response would be for such people either to find alternate means of getting home or to remain at the tavern or party without getting behind the wheel until sober, this is not always done. Webster's also contrasts "actual" with "potential and possible" as well as with "hypothetical. We believe that, by using the term "actual physical control, " the legislature intended to differentiate between those inebriated people who represent no threat to the public because they are only using their vehicles as shelters until they are sober enough to drive and those people who represent an imminent threat to the public by reason of their control of a vehicle.