Section 1.21 Driving Verses Operation of the Vehicle
| Library | DWI 2014 |
A person can be arrested for DWI even when the vehicle is not in motion. Section 577.001.2, RSMo Supp. 2012, provides that, “[a]s used in this chapter, the term ‘drive’, ‘driving’, ‘operates’ or ‘operating’ means physically driving or operating a motor vehicle.” The Supreme Court of Missouri has held that causing the vehicle’s motor to function is operation. Cox v. Dir. of Revenue, 98 S.W.3d 548 (Mo. banc 2003). In Cox,the driver was found behind the wheel of the vehicle with the keys in the ignition and...
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