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In Chapter 5, Traffic Law – Part One, we learned the definition of “drive” – to drive, operate, or be in physical control of a motor vehicle.
In everyday usage, the term “drive” is associated with the intentional physical acts of being behind the wheel of a motor vehicle and operating on the road or highway, or in other words, making the vehicle move down the road.
In recent DUI cases, the courts have ruled having physical control of a motor vehicle does not necessarily mean the motorist is actually driving or even has intentions of driving.
The courts have broadened the definition of drive as it pertains to operating a motor vehicle.
Simply being in the car, even asleep and with the engine shut off, can be construed as driving.
Using correct spelling and grammar, In two or three paragraphs, answer the following questions:
What is your opinion of this broad interpretation of ‘driving’?
Should courts require ‘active movement’ of the vehicle before a driver can be charged – especially with driving while intoxicated? What about a driver having just ‘active control’ over a vehicle – such as sitting behind the wheel with the car in park and legally parked where a vehicle can be located?
Should a police officer have to witness movement of a lawfully parked vehicle in order to have reasonable cause to believe that the vehicle has been driven?