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Influence of alcohol or narcotics

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Reference no: EM133273377

Officer Davis came upon a car on the side of the road, with a woman, Maria, in the driver's seat. Davis opened the driver's door and smelled a strong odor of alcohol. Davis noted that the keys were not in the ignition, and the motor was not running. The driver could not find the ignition keys when asked for them by Davis. A statute in the jurisdiction makes it a crime "to drive, operate or be in physical control of the vehicle while under the influence of alcohol or narcotics." Case law in the jurisdiction has held that "physical control" does not require that the vehicle engine be running.

Under the statute, would Maria be guilty of a crime? Why?

Reference no: EM133273377

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