www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected by his many satisfied clients as well as his legal peers as one of the best DUI and DWI defense attorneys in the United States [AIDUIA-Certified]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
An important case in Maryland which supports the State's position of encouraging intoxicated drivers to pull over to a safe shoulder of the road and "sleep it off" is Atkinson vs. State, 331 Md. 199, 627 A. 2d 1019 (1993). The case also reaffirms that a safely-positioned motor vehicle with the engine turned off can be a "stationary shelter" for the occupant.
The issue in Atkinson was whether the appellant/defendant, Boyce Cornelius Atkinson, who was sitting intoxicated and asleep in the driver's seat of his vehicle, lawfully parked on the shoulder of the road, with the keys in the ignition but the engine turned off, was properly found to be in "actual physical control" of his vehicle and thereby convicted of driving under the influence of alcohol (DUI).
The Maryland Court of Appeals answered "no". The Court opined that because it believed Mr. Atkinson was not in " actual physical control" of his vehicle, as contemplated by Maryland law, his DUI conviction was reversed.
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