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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. District of Columbia, 597 A. Thus, our construction of "actual physical control" as permitting motorists to "sleep it off" should not be misconstrued as encouraging motorists to try their luck on the roadways, knowing they can escape arrest by subsequently placing their vehicles "away from the road pavement, outside regular traffic lanes, and... turn[ing] off the ignition so that the vehicle's engine is not running. Mr. robinson was quite ill recently announced. " More recently, the Alabama Supreme Court abandoned this strict, three-pronged test, adopting instead a "totality of the circumstances test" and reducing the test's three prongs to "factors to be considered. " 2d 407, 409 (D. C. 1991) (stating in dictum that "[e]ven a drunk with the ignition keys in his pocket would be deemed sufficiently in control of the vehicle to warrant conviction. Although the definition of "driving" is indisputably broadened by the inclusion in § 11-114 of the words "operate, move, or be in actual physical control, " the statute nonetheless relates to driving while intoxicated. 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. Balanced against these facts were the circumstances that the vehicle was legally parked, the ignition was off, and Atkinson was fast asleep.

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In sum, the primary focus of the inquiry is whether the person is merely using the vehicle as a stationary shelter or whether it is reasonable to assume that the person will, while under the influence, jeopardize the public by exercising some measure of control over the vehicle. 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. Position of the person charged in the driver's seat, behind the steering wheel, and in such condition that, except for the intoxication, he or she is physically capable of starting the engine and causing the vehicle to move; 3. 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. 2d 1144, 1147 (Ala. 1986). NCR Corp. Mr. robinson was quite ill recently met. Comptroller, 313 Md. The same court later explained that "actual physical control" was "intending to prevent intoxicated drivers from entering their vehicles except as passengers or passive occupants as in Bugger.... " Garcia v. Schwendiman, 645 P. 2d 651, 654 (Utah 1982) (emphasis added). A person may also be convicted under § 21-902 if it can be determined beyond a reasonable doubt that before being apprehended he or she has actually driven, operated, or moved the vehicle while under the influence. 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. " See Jackson, 443 U. at 319, 99 at 2789, 61 at 573; Tichnell, 287 Md.

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V. Sandefur, 300 Md. 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. 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. ' 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. 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. Mr. robinson was quite ill recently left. City of Cincinnati v. Kelley, 47 Ohio St. 2d 94, 351 N. E. 2d 85, 87- 88 (1976) (footnote omitted), cert. Petersen v. Department of Public Safety, 373 N. 2d 38, 40 (S. 1985) (Henderson, J., dissenting). Because of the varying tests and the myriad factual permutations, synthesizing or summarizing the opinions of other courts appears futile.

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See, e. g., State v. Woolf, 120 Idaho 21, 813 P. 2d 360, 362 () (court upheld magistrate's determination that defendant was in driver's position when lower half of defendant's body was on the driver's side of the front seat, his upper half resting across the passenger side). Idaho Code § 18- 8002(7) (1987 & 1991); Matter of Clayton, 113 Idaho 817, 748 P. 2d 401, 403 (1988). Neither the statute's purpose nor its plain language supports the result that intoxicated persons sitting in their vehicles while in possession of their ignition keys would, regardless of other circumstances, always be subject to criminal penalty. Superior Court for Greenlee County, 153 Ariz. 119, 735 P. 2d 149, 152 (). We believe it would be preferable, and in line with legislative intent and social policy, to read more flexibility into [prior precedent]. Superior Court for Greenlee County, 153 Ariz. 2d at 152 (citing Zavala, 136 Ariz. 2d at 459). 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. At least one state, Idaho, has a statutory definition of "actual physical control. " As for the General Assembly's addition of the term "actual physical control" in 1969, we note that it is a generally accepted principle of statutory construction that a statute is to be read so that no word or phrase is "rendered surplusage, superfluous, meaningless, or nugatory. " In Alabama, "actual physical control" was initially defined as "exclusive physical power, and present ability, to operate, move, park, or direct whatever use or non-use is to be made of the motor vehicle at the moment. "

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The policy of allowing an intoxicated individual to "sleep it off" in safety, rather than attempt to drive home, arguably need not encompass the privilege of starting the engine, whether for the sake of running the radio, air conditioning, or heater. Accordingly, the words "actual physical control, " particularly when added by the legislature in the disjunctive, indicate an intent to encompass activity different than, and presumably broader than, driving, operating, or moving the vehicle. This view, at least insofar as it excuses a drunk driver who was already driving but who subsequently relinquishes control, might be subject to criticism as encouraging drunk drivers to test their skills by attempting first to drive before concluding that they had better not. 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. " Management Personnel Servs. While we wish to discourage intoxicated individuals from first testing their drunk driving skills before deciding to pull over, this should not prevent us from allowing people too drunk to drive, and prudent enough not to try, to seek shelter in their cars within the parameters we have described above. For the intoxicated person caught between using his vehicle for shelter until he is sober or using it to drive home, [prior precedent] encourages him to attempt to quickly drive home, rather than to sleep it off in the car, where he will be a beacon to police. Most importantly, "actual" is defined as "present, " "current, " "existing in fact or reality, " and "in existence or taking place at the time. " 3] We disagree with this construction of "actual physical control, " which we consider overly broad and excessively rigid. Thus, rather than assume that a hazard exists based solely upon the defendant's presence in the vehicle, we believe courts must assess potential danger based upon the circumstances of each case.

2d 735 (1988), discussed supra, where the court concluded that evidence of the ignition key in the "on" position, the glowing alternator/battery light, the gear selector in "drive, " and the warm engine, sufficiently supported a finding that the defendant had actually driven his car shortly before the officer's arrival. We do not believe the legislature meant to forbid those intoxicated individuals who emerge from a tavern at closing time on a cold winter night from merely entering their vehicles to seek shelter while they sleep off the effects of alcohol.

Where the lame can walk And the blind can see But the dead don't talk So you won't be around To reveal what you've found We have a method for spies and intruders Rather like hornets protecting their hive Here in the Court of Miracles Where it's a miracle if you get out alive! Let hope arise and healing start. You're the God of miracles for me yeah. Let you win my heart. Hidden you is clear to see. Clopin: (speaking) Spoken like a true gypsy. The Court Of Miracles. There's a place in the city. Is moving here in front of me, moving here in front of me. Where every demon trembles. All this time, I've been certain. Performed by Paul Kandel as Clopin. A hundred million miracles, a hundred million miracles, My father says the sun will keep rising over the eastern hill. The Hunchback of Notre Dame the Musical - In a Place of Miracles Lyrics.

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Is reaching out to make me whole, reaching out to make me whole. Glory to the One who saves. Phoebus & Esmeralda: In a place of miracles. And the man who bowed his head has led many to the throne. Hunchback Of Notre Dame Soundtrack. Will we reach a friendlier shore. Esmeralda: (speaking) Thank you, Quasimodo. The Hunchback of Notre Dame the Musical Lyrics.

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This is a place of praise. If it could happen to me it could happen to you. Everyone: But somehow, you have made me. A hundred million miracles, A hundred million miracles are happ'ning ev'ry day, And those who say they don't agree. The God of wonders healing the sick. A musical based on the Victor Hugo novel and songs from the Disney film. Clopin and Gypsies: Maybe you've heard of a terrible place. In ev'ry single minute so much is going on, Along the Yangtse Kiang or the Tiber or the Don. Roses bloom more to adore you too. To one who was born to be alone. You're smarter than the brain beyond imagination. To fall near you here.

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This is a house of miracles. The Bells of Notre Dame. There's tiny miracles that happen each day. Studio Version, Track Length - 04:39. Dance in an embrace. Then a young soprano reads what they wrote, Learns every note, every word, Puts all they wrote in her lovely throat, And suddenly a song is heard! Esmeralda: What's happening to me? We like to get the trial over with quickly. Lord, Let Your spirit breathe on me You are. Somehow or other it will. I've been certain -.

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We find you totally innocent. Without your help, my friend. There's a whole world to explore on!

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Maybe you've heard of that mythical place. It was known to only me. Though I might wish with all my might. This is the day, this is the wonderful day. I still believe You're speaking. Laughable and frightening But nowI'm here beside youAnd now I know. Search Artists, Songs, Albums. To believe in miracles. We will forever proclaim. Last Update: June, 10th 2013. Clopin: Love will hold the key.

Phoebus: (speaking) A toast to Quasimodo. Love can work its alchemy. Where the lame can walk. But it's worth the wait to see what will grow.