[Download] "State v. Vermuele" by Arizona Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State v. Vermuele
- Author : Arizona Court of Appeals
- Release Date : January 31, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The state appeals from the trial courts granting of appellees motion to dismiss. The facts show that a little after midnight on February 24, 1988, police officers observed a vehicle which was parked illegally upon the curbside adjacent to a Tucson bar. Upon approaching the vehicle, they saw appellee engaged in boisterous conversation with two other subjects who subsequently left. They observed appellee lose his balance and noted that his speech was very slurred. The officers observed appellee enter his vehicle and turn the ignition to the "on" position. The dashboard lights came on, but the engine never started. They confronted him, ordered him out of the vehicle and subsequently arrested him for a violation of A.R.S. § 28-692(B). Appellees motion to dismiss maintained that he was not in "actual physical control" of his vehicle within the meaning of that statute. The trial court agreed and granted the motion.