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I have a paper I have to do and I was wondering if you could help me with it. The example I have to report on is this: in a state that prohibits operation of a vehicle while under the influence, an officer observed a vehicle moving on a public road in an erratic manner. After stopping the car and approaching the driver’s side, the officer observed a 10-year-old behind the wheel and the defendant in the passenger seat. The defendant was obviously intoxicated and stated that the minor was her son. What statute is this? was the defendant operating under the statute?
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In Colorado to be guilty of DUI a person must be "driving" a motor vehicle, which has been interpreted to mean that they were in "actual physical control" of the vehicle. Seems to me you need to analyze whether a drunk person in a car with a 10 year old is in actual physical control of the vehicle, despite not being behind the wheel - was he directing the driving behavior of the 10 year old, helping in some way - and if so does that put him in "actual physical control". One could also ask whether the drunk person was committing child abuse by having the 10 year old drive? Good luck.
Answered on Jul 03rd, 2018 at 6:35 AM