» Entries tagged with "Larriva"

Can you get a DUI in a car that doesn't work?

A case that addressed that question, State v. Larriva, cited out-of-state authority for the proposition that “the inoperability of the vehicle does not preclude a finding of actual physical control,” later concluding “that the operability of the vehicle is only tangentially relevant to the determination of actual physical control.” In Larriva, the defendant was stuck on a curb and couldn’t move his car. However, Larriva was later questioned in State v. Dawley, where the court stated in a footnote that “the facts on which we based our decision in Larriva would support a conviction on a theory of driving as shown by circumstantial evidence, as suggested by the special concurrence in that case, not on a theory of actual physical control.” Dawley was dealing with jury instructions, and the … Read entire article »

Filed under: Arizona Cases, DUI

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