It might stand to reason that in order to be prosecuted for driving under the influence, one actually has to be driving the motor vehicle – or does it?
Driving is actually defined under two major categories: “Driving or Operating” and exercising some type of control over the vehicle even though it’s not moving. Some considerations: What does it mean to have “domination or regulation” of a vehicle? Is keeping the vehicle stopped but with the motor still running count? Even though the vehicle isn’t moving, many courts have determined that actual physical control does include a person sitting in a motionless vehicle with the engine running. It’s even been held that sleeping in a car with the engine running fulfils the legal criteria for driving! Some courts have even taken this to the extreme – upholding convictions and license suspensions where the person was just sitting in a vehicle and the engine was NOT running. However, there are many jurisdictions where the law requires the person actually steering or exercising control over the vehicle while it was in motion. In fact, steering a towed vehicle has been determined by many courts to
Related Questions
- It might stand to reason that in order to be prosecuted for driving under the influence, one actually has to be driving the motor vehicle – or does it?
- I was injured in a motor vehicle accident in which my spouse, family member or friend was driving. Should I be hesitant to make a claim?
- What happens to my driving privilege if convicted of driving a commercial motor vehicle under the influence?
