If you have charged with Operating While Intoxicated, Operating While Visibly Impaired, or any type of Operation of a Motor Vehicle with drugs in your system, the definition of “operating” took a strange turn in the Michigan Court of Appeals.
Common sense would dictate that operating a motor vehicle would involve moving it in some manner or…operating. Not true. The Michigan Court of Appeals decided a case in March of 2012 entitled, City of Plymouth v. Longeway. In that case the court ruled that the defendant clearly has actual physical control of a vehicle when starting the engine, applying the brakes, shifting into reverse and then immediately back into park. The car never moved in this case, but the court ruled that operating has a different meaning then common sense.
What does this mean for you? It means that if your case is going to a jury, you and your attorney are allowed to argue that the prosecutor did not prove “operating” beyond a reasonable doubt. It also means that if you get the appeals court…you might lose.
If you may have issues regarding whether or not you actually operated a motor vehicle, or were simply sleeping or sitting in the vehicle, contact Ray Purdy today for a FREE Michigan Drunk Driving Consultation.