In Florida, proving "actual physical control" of a vehicle in a DUI case involves demonstrating that the driver had the ability to operate the vehicle, even if it wasn't actually in motion at the time of the stop. The concept of "actual physical control" is broader than merely driving; it encompasses situations where a person is in a position to control the vehicle's movement.

 

Legal Definition and Interpretation

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1.  Basic Definition

Florida Statutes: Under Florida law (specifically, § 316.193, F.S.), a person can be charged with DUI if they are found to be in actual physical control of a vehicle while impaired by alcohol or drugs. The statute doesn’t require the vehicle to be in motion; being in control of the vehicle, whether it’s running or stationary, can suffice.

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2. Court Interpretation

 Case Law: Florida courts have interpreted "actual physical control" to mean that a person must be in a position to operate or direct the movement of the vehicle. This often includes being in the driver’s seat with the engine running or having the keys in the ignition.

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Factors for Proving Actual Physical Control

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1. Vehicle Location and Condition

Running Engine: If the vehicle’s engine is running, this strongly supports the claim of actual physical control.

Key Position: If the keys are in the ignition or within easy reach of the driver’s seat, it supports the argument that the person was in control.

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2. Driver’s Position

Driver’s Seat: Being in the driver’s seat is a significant indicator of control, especially if the seat is adjusted to a driving position.

Control Mechanisms: Presence in the driver’s seat with access to controls (steering wheel, gear shift) is a strong factor.

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3. Behavior and Intent

 Statements and Actions: Statements made by the driver or their actions at the scene can indicate intent to operate the vehicle. For example, if a driver admits to planning to drive or was found attempting to start the vehicle, it strengthens the control argument.

Behavior Around Vehicle: Actions such as starting the engine or adjusting the controls while in the driver’s seat can also be relevant.

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4. Time and Circumstances

Recent Activity: If the vehicle was recently driven or had been running, it supports the notion of recent control. For instance, a vehicle that has just been parked but was running at the time of the stop can indicate control.

Environmental Conditions: Weather, traffic, and location may also play roles. A person found asleep in a vehicle during adverse conditions (e.g., in the middle of the road) might still be considered in control due to the potential danger posed by their situation.

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Defense Strategies

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1. Proving Lack of Control

 

Evidence of Non-Operation: Provide evidence that you were not in control of the vehicle, such as being in the passenger seat or having no access to the keys.

Witness Testimony: Collect statements from witnesses who can support your claim that you were not intending to operate the vehicle.

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2. Questioning Officer’s Observations

Challenge Credibility: Question the arresting officer’s observations and testimony regarding your control of the vehicle.

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3. Demonstrate Lack of Intent

Intent to Drive: Show that there was no intent to drive or operate the vehicle, such as if you were merely waiting for someone or resting.

 

Conclusion

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To challenge the prosecution’s claim of actual physical control in a Florida DUI case, you need to scrutinize the evidence related to your position, actions, and intent with the vehicle. It involves analyzing both the physical aspects of the control and the context of the situation. Consulting with an experienced DUI attorney can provide tailored advice and help you build a robust defense based on the specifics of your case.