On December 6, 2011 the Southern District of Missouri filed the following opinion regarding the inference of operation of a motor vehicle.
In this case, when the officer arrived, the vehicle was stationary and not moving. No witnesses were presented that physically saw the vehicle in Motion. Defendant appeared to be asleep when the office approached the vehicle. While the engine was running, the police office admitted it sounded as though it was having mechanical issues.
The prosecuting must prove two things to win a criminal DWI case. 1. Operation of the Vehicle; 2. While intoxicated.
In this case, as the engine was running, significant additional evidence of driving is not required.
As defendant was in the driver’s seat when the officer approached and the vehicle was running, the jury could reasonably conclude that the defendant was positioned as necessary to operate the vehicle.
To read the case, click here.
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