Arizona Court Of Appeals Ruling In Stationary-Car DUI Case

The Arizona Court of Appeals has ruled someone can be drunk behind the wheel with the keys in the ignition and still not be guilty of drunken driving. In a unanimous decision, the judges threw out the conviction of Vincent Zaragoza, who was stopped by police as he got in his car and was putting the keys in the ignition, but before he drove anywhere. The judges said the facts of the situation did not mean Zaragoza was in "actual physical control" of the vehicle, which is what the law requires. Appellate Judge Peter Eckerstroms acknowledged the Legislature has never defined "actual physicalcontrol." He said, though, that people cannot be convicted based on what they might be able to do in the future.

The information in this blog is not, nor is it intended to be, legal advice. Please contact us to obtain legal advice pertaining to your situation.