§ 6.9 ACTUAL PHYSICAL CONTROL

• Jurisdiction: Arizona

§ 6.9 ACTUAL PHYSICAL CONTROL

State v. Rivera,207 Ariz. 69, 83 P.3d 69 (App. Div. 2, 2004)

The State may try a DUI defendant both on the theory that he had been the driver and on the alternative theory that he had been in actual physical control of the vehicle. A passenger who grabs the steering wheel of a moving car and alters the car's movement has assumed actual physical control for purposes of the DUI statutes.

State v. Love,182 Ariz. 324, 897 P.2d 626 (1995)

Whether defendant had "actual physical...