Maryland Anne Arundel County Convicted Driving Impaired Alcohol Revoked License Physical Control Lawyers Attorneys

Patrick Francis CURTIN v

Patrick Francis CURTIN v. STATE of Maryland

Court of Special Appeals of Maryland

November 8, 1984

Defendant's driving record showed that his driver's license had been revoked. Defendant argued that the evidence was insufficient to support the finding that he was "driving," because he was not in "actual physical control" of an operable vehicle. In the Circuit Court for Anne Arundel County (Maryland), defendant was convicted of driving or attempting to drive while impaired by alcohol, in violation of Md. Code Ann., Transp. 21-902(b) (2006 and 2007 Supp.), and driving on a revoked license, in violation of Md. Code Ann., Transp. 16-303(d). Defendant appealed, challenging the sufficiency of the evidence.

Issue:

Whether appellant was "driving" at that time, within the meaning of the relevant statutes?

Discussion:

Appellant was intoxicated at the time of his arrest, but disputed that he was driving or attempting to drive a motor vehicle. The evidence was sufficient to convict him under Transp. 21-902(b) of driving or attempting to drive while impaired by alcohol, because he was in actual physical control of an operable motor vehicle. Although the engine was not running, the key was in the ignition, and the lights were on but dim. The vehicle was stopped in the right turn lane of the road. Here, as the trial court reasoned, there was enough charge in the battery to light the car's headlights, even if they were growing dim. Moreover, the court recognized that "the car had been driven there. So presumably had been engaged and the engine had been running. It is not a situation where the car had been sitting for a week or so without being started." Under these circumstances, we cannot say the judge was clearly erroneous in concluding that the car was operable at the time of appellant's arrest. The Court considered the meaning of "actual physical control" of a vehicle. It declined to adopt the majority view, which is that "'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 Circuit court was not clearly erroneous in concluding that there was enough charge in the battery to operate the car. The location of the vehicle was also a determinative factor in finding that appellant was in actual physical control of the vehicle, and in rejecting a claim that the vehicle was just being used for shelter.

Conclusion:

The Court held that the fact that appellant was intoxicated and asleep in the driver's seat of a vehicle that was stopped in the roadway, with its lights on, is powerful circumstantial evidence that appellant drove the vehicle to that location while intoxicated. There was also ample evidence to convince the fact finder that appellant drove on a revoked license. This appellate court affirmed the circuit court's judgments.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content

Maryland Anne Arundel County Convicted Driving Impaired Alcohol Revoked License Physical Control Lawyers Attorneys

By: Atchuthan Sriskandarajah

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