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State v. Bugger, 25 Utah 2d 404, 483 P.2d 442

Facts

During the night of July 28, 1969, the defendant was asleep in his automobile parked on the shoulder of Tippet's Lane in Davis County. The vehicle was completely off the traveled portion of the highway, and the motor was not running. An officer of the Highway Patrol discovered the defendant asleep and, after awakening him, detected the smell of alcohol, leading to the defendant's arrest for being in actual physical control of the vehicle while under the influence of intoxicating liquor.

During the night of July 28, 1969, the defendant was asleep in his automobile which was parked upon the shoulder of a road known as Tippet's Lane in Davis County. The automobile was completely off the traveled portion of the highway and the motor was not running.

Issue

Was the defendant in 'actual physical control' of his vehicle while he was asleep in it, thereby violating the statute prohibiting such behavior?

Was the defendant in 'actual physical control' of his vehicle while he was asleep in it, thereby violating the statute prohibiting such behavior?

Rule

The statute makes it unlawful for any person under the influence of intoxicating liquor to drive or be in actual physical control of any vehicle within the state. The term 'actual physical control' means existing or present bodily restraint, directing influence, domination, or regulation over the vehicle.

The statute makes it unlawful for any person under the influence of intoxicating liquor to drive or be in actual physical control of any vehicle within the state.

Analysis

The court analyzed the facts and determined that the defendant was not exercising control over the vehicle at the time of his arrest. The defendant was asleep, the vehicle was parked off the highway, and the motor was not running. The court noted that previous cases involved different circumstances, such as the vehicle being in motion or the driver actively attempting to control it.

The court analyzed the facts and determined that the defendant was not exercising control over the vehicle at the time of his arrest.

Conclusion

The court reversed the defendant's conviction, concluding that the facts did not constitute a violation of the statute regarding actual physical control of a vehicle.

The court reversed the defendant's conviction, concluding that the facts did not constitute a violation of the statute regarding actual physical control of a vehicle.

Who won?

Defendant prevailed because the court found that he was not in actual physical control of the vehicle at the time of his arrest, as he was asleep and the vehicle was parked off the highway.

Defendant prevailed because the court found that he was not in actual physical control of the vehicle at the time of his arrest.

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