Drugs Found In Impounded Car

Drugs Found In Impounded Car

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Id., 136 Ariz. 2d at 459. 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. Mr. robinson was quite ill recently online. Balanced against these facts were the circumstances that the vehicle was legally parked, the ignition was off, and Atkinson was fast asleep. In the words of a dissenting South Dakota judge, this construction effectively creates a new crime, "Parked While Intoxicated. "

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The location of the vehicle can be a determinative factor in the inquiry because a person whose vehicle is parked illegally or stopped in the roadway is obligated by law to move the vehicle, and because of this obligation could more readily be deemed in "actual physical control" than a person lawfully parked on the shoulder or on his or her own property. 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. 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. Courts pursuing this deterrence-based policy generally adopt an extremely broad view of "actual physical control. " In Garcia, the court held that the defendant was in "actual physical control" and not a "passive occupant" when he was apprehended while in the process of turning the key to start the vehicle. ' " State v. Schwalk, 430 N. 2d 317, 319 (N. 1988) (quoting Buck v. North Dakota State Hgwy. Mr. robinson was quite ill recently written. 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. 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. 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. ' 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.

As long as a person is physically or bodily able to assert dominion in the sense of movement by starting the car and driving away, then he has substantially as much control over the vehicle as he would if he were actually driving it. 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). 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. Mr. robinson was quite ill recently read. " City of Cincinnati v. Kelley, 47 Ohio St. 2d 94, 351 N. E. 2d 85, 87- 88 (1976) (footnote omitted), cert. Even the presence of such a statutory definition has failed to settle the matter, however. In these states, the "actual physical control" language is construed as intending "to deter individuals who have been drinking intoxicating liquor from getting into their vehicles, except as passengers. " 2d 483, 485-86 (1992). 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.

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Most importantly, "actual" is defined as "present, " "current, " "existing in fact or reality, " and "in existence or taking place at the time. " Richmond v. State, 326 Md. This view appears to stem from the belief that " '[a]n intoxicated person in a motor vehicle poses a threat to public safety because he "might set out on an inebriated journey at any moment. " 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. " Thus, we must give the word "actual" some significance. A vehicle that is operable to some extent.
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. " 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. Webster's also contrasts "actual" with "potential and possible" as well as with "hypothetical. The court concluded that "while the defendant remained behind the wheel of the truck, the pulling off to the side of the road and turning off the ignition indicate that defendant voluntarily ceased to exercise control over the vehicle prior to losing consciousness, " and it reversed his conviction. Idaho Code § 18- 8002(7) (1987 & 1991); Matter of Clayton, 113 Idaho 817, 748 P. 2d 401, 403 (1988). 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. 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. It is "being in the driver's position of the motor vehicle with the motor running or with the motor vehicle moving. "

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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. " Superior Court for Greenlee County, 153 Ariz. 119, 735 P. 2d 149, 152 (). Webster's also defines "control" as "to exercise restraining or directing influence over. " The court said: "We can expect that most people realize, as they leave a tavern or party intoxicated, that they face serious sanctions if they drive. 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. " The Supreme Court of Ohio, for example, defined "actual physical control" as requiring that "a person be in the driver's seat of a vehicle, behind the steering wheel, in possession of the ignition key, and in such condition that he is physically capable of starting the engine and causing the vehicle to move. " Adams v. State, 697 P. 2d 622, 625 (Wyo. For example, on facts much akin to those of the instant case, the Supreme Court of Wyoming held that a defendant who was found unconscious in his vehicle parked some twenty feet off the highway with the engine off, the lights off, and the key in the ignition but off, was in "actual physical control" of the vehicle. Many of our sister courts have struggled with determining the exact breadth of conduct described by "actual physical control" of a motor vehicle, reaching varied results. 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. 3] We disagree with this construction of "actual physical control, " which we consider overly broad and excessively rigid. 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). Cagle v. City of Gadsden, 495 So. 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.

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. " At least one state, Idaho, has a statutory definition of "actual physical control. " What constitutes "actual physical control" will inevitably depend on the facts of the individual case. V. Sandefur, 300 Md. 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. 2d 701, 703 () (citing State v. Purcell, 336 A. 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. Statutory language, whether plain or not, must be read in its context. In State v. Bugger, 25 Utah 2d 404, 483 P. 2d 442 (1971), the defendant was discovered asleep in his automobile which was parked on the shoulder of the road, completely off the travel portion of the highway. 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. While the Idaho statute is quite clear that the vehicle's engine must be running to establish "actual physical control, " that state's courts have nonetheless found it necessary to address the meaning of "being in the driver's position. " Denied, 429 U. S. 1104, 97 1131, 51 554 (1977).

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Petersen v. Department of Public Safety, 373 N. 2d 38, 40 (S. 1985) (Henderson, J., dissenting). NCR Corp. Comptroller, 313 Md. 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. Other factors may militate against a court's determination on this point, however. By using the word "actual, " the legislature implied a current or imminent restraining or directing influence over a vehicle. 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. 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. Superior Court for Greenlee County, 153 Ariz. 2d at 152 (citing Zavala, 136 Ariz. 2d at 459). 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. Webster's Third New International Dictionary 1706 (1986) defines "physical" as "relating to the body... often opposed to mental. " Because of the varying tests and the myriad factual permutations, synthesizing or summarizing the opinions of other courts appears futile.

We believe it would be preferable, and in line with legislative intent and social policy, to read more flexibility into [prior precedent]. 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. We therefore join other courts which have rejected an inflexible test that would make criminals of all people who sit intoxicated in a vehicle while in possession of the vehicle's ignition keys, without regard to the surrounding circumstances. The engine was off, although there was no indication as to whether the keys were in the ignition or not. Emphasis in original). No one factor alone will necessarily be dispositive of whether the defendant was in "actual physical control" of the vehicle. When the occupant is totally passive, has not in any way attempted to actively control the vehicle, and there is no reason to believe that the inebriated person is imminently going to control the vehicle in his or her condition, we do not believe that the legislature intended for criminal sanctions to apply.

Indeed, once an individual has started the vehicle, he or she has come as close as possible to actually driving without doing so and will generally be in "actual physical control" of the vehicle. Management Personnel Servs. Id., 25 Utah 2d 404, 483 P. 2d at 443 (citations omitted and emphasis in original). As we have already said with respect to the legislature's 1969 addition of "actual physical control" to the statute, we will not read a statute to render any word superfluous or meaningless.

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. 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. " Key v. Town of Kinsey, 424 So. 2d 1144, 1147 (Ala. 1986). In view of the legal standards we have enunciated and the circumstances of the instant case, we conclude there was a reasonable doubt that Atkinson was in "actual physical control" of his vehicle, an essential element of the crime with which he was charged.

We profess no denominational affiliation but represent the church Jesus built and died for. We share with other United Church of Christ (UCC) congregations an extravagantly inclusive faith perspective where every person is part of God's beloved people. 5905 Flintridge Dr. Colorado Springs, CO 80918. Coffee, Tea & Thee will continue after worship downstairs. We are a congregation who loves God our Father, Jesus Christ our Lord and Savior, the Holy Spirit our Comforter, one another our brethren, and our fellow man our neighbor who is made in the moral image of God. He and his wife Kari oversee Community Group leadership and development and have been members of the Springs church since 2009. Mission: To honor and glorify God our Father and His Son Jesus the Christ.

Sunnyside Christian Church Colorado Springs

Sunday Worship Service 11:00am. Leader: Stacey Mobley. Our focus is to follow Jesus and reach out to others, passionately engaging in acts of service, love, and mercy. Yelp users haven't asked any questions yet about Eastside Church Of Christ.

Church Of Christ Colorado

With prayer and scripture as our foundation, we provide opportunities to grow deeper in our relationship with God and Jesus, through worship, education, fellowship, missions and justice work. Church of Christ Colorado Springs is a small church located in Colorado Springs, CO. Our church was founded in x and is associated with the Churches of Christ. Additional Info About Our Church. Please feel free to browse our website or our Facebook Page; and, if perchance you are in our area visiting, or if you are newly located here looking for a church home, we would love to welcome you to our services where we worship our God in Spirit and in truth. Barry is a Springs church elder overseeing finances and community groups. Needs and maintain our prayer list. Marlene is Tommy Moore's Assistant in Children's Ministry, she oversees the Children's Check-In volunteers and various other administrative duties. Our congregation is a warm church community where children are valued, friendships bloom, and lives find purpose and meaning.

Eastside Church Of Christ Colorado Springs

9:45 AM – Good News. Executive Pastor + Church Elder. Watch Live & Past Sermons from HOTS Church. Location: El Paso County. To do good to all men especially those of the household of faith. Administrative Assistant/Events Coordinator. First Congregational UCC First Congregational UCC 20 E Saint Vrain St Colorado Springs, CO 80903-1130 Phone: (719) 635-3549 Email: Pastor: Rev. Primary language used: English. Come on by, We think you'll be glad you did. What to Expect at Church of Christ Colorado Springs. In Colorado, you will find major cities such as: Denver, Colorado Springs, Aurora, Littleton, Pueblo, Arvada, Greeley, Fort Collins, Longmont, Loveland, Lakewood, ENGLEWOOD. Nick is responsible for running audio, lighting, and live video content for each of the services at Springs Church. Pastor Brenda Williams. Multi-site church: No.

Colorado, which is located in the Western part of the United States, acquired its name from the Colorado River when early Spanish explorers found and named it Rio Colorado for its red color. We're warm, friendly and caring. Executive Administrative Assistant. He is a native to Colorado Springs and has been involved in youth ministry since 2009. The first Tenet in Christian Science is "As adherents of Truth, we take the inspired word of the Bible as our sufficient guide to eternal Life. Church services: Sundays: 10:00 a. m. - 11:00 a. m. Wednesday Evenings: 7:30 p. - 8:00 p. m. Being Spirit-filled Christians, our love permeates to one another and is infectious in our attitudes to glorify our Creator. Christian Science is based on Christ Jesus' teachings and practice of healing as taught in the Bible. We welcome all people regardless of religious background, education, race, sexual orientation, family make-up, economic status or nationality. Andy Boucher serves as the Elder over Student Ministries and Missions.
We would love to meet you. He also develops teams to fulfill the tech and AV needs of our Sunday and Wednesday services. At BCC we take our faith in a loving God seriously and joyfully. He directs the look, feel, story, and style of projects through Design, Photo, Video, Social Media, Web and all Branding. Traditional worship style. Church Angel has a huge list of churches in Colorado that offer various Christian denominations including Lutheran, Methodist, Presbyterian, Evangelical, Baptist, and many more.
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