Cox v. Director Of Revenue

98 S.W.3d 548 (2003)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

A police officer discovered P sleeping or unconscious, sitting in the driver's seat behind the wheel of a vehicle, in the parking lot of a gas station. P was the only person in or around the vehicle. The keys were in the ignition, and the motor was running. The shift lever was in park. P had a strong odor of an intoxicating beverage on his breath. His eyes were very bloodshot and watery, and he appeared disoriented. The officer noticed a glass of brown liquid between his legs. P turned off the ignition, exited the vehicle, and tried but failed sobriety tests. P was arrested for driving while intoxicated. P had a strong odor of an intoxicating beverage on his breath. His eyes were very bloodshot and watery, and he appeared disoriented. The officer noticed a glass of brown liquid between his legs. P turned off the ignition, exited the vehicle, and tried but failed sobriety tests. P was arrested for driving while intoxicated. After Miranda warnings, P answered 'Yes' to the form question, 'Were you operating the vehicle?'. A breath test revealed a blood alcohol content of .18 of one percent. D suspended P's driving privileges. P requested a trial de novo in circuit court. P argued that the officer did not observe him 'operating' or 'driving' the vehicle. The term 'driving' was defined as 'physically driving or operating a motor vehicle.' The court agreed with P and D appealed.