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January 25, 2006

Key Is Control

You might remember I posted back in November about an interesting DWI on appeal. The question for the appellate justices was when is a driver 'in control' of a vehicle. (The drunk guy was asleep in a running vehicle, which had been started by a remote starter, so no keys were in the ignition) There was a ruling today.

The Arkansas Court of Appeals reversed the drunken driving conviction of a Washington County man who turned on his car's engine using a remote device.

Judges ruled that there wasn't enough evidence to convict Charles Franklin Rogers, who was found asleep in his car by Fayetteville officers in January 2004.

You can read the full opinion here, including the dissent....who I think has the better argument, especially Judge Griffen.

It seems to me that if all the guy had to do was put the key in the ignition, depress the brake pedal, put it in gear & take off, he's 'in control' of the vehicle. At least as much in control as some of the other convictions that have been upheld, anyway. I don't see whether the key was actually in the ignition to be dispositive, especially when one prior conviction was upheld when the drunk guy was merely steering a non-running vehicle that was being pushed.

Gotta adapt to new technology, you know.

Posted by Rita at January 25, 2006 05:08 PM

Comments

Although most hot-wired cars are probably stolen, I've seen some that weren't. The "key in the ignition" point seems to completely ignore that possibility.

Posted by: kenneth [TypeKey Profile Page] at January 26, 2006 01:00 AM

Excellent point, and one the dissent brings up as well. And depending on the car model, you wouldn't necessarily have to have the key in the ignition to push it, either.

I think Judge Griffen was correct. A drunk sitting in an idling vehicle is exactly the danger the DWI statute is designed for.

Posted by: Rita [TypeKey Profile Page] at January 26, 2006 04:50 AM