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Actual Physical Control
Griffin v. State, 457 So. 2d 1070 (Fla. Dist. Ct. App. 2d Dist. 1984)
"The court found actual physical control when the driver was found asleep in the driver's seat of a car which was stopped facing the wrong way in a traffic lane with the key in the ignition, the driver's foot on the brake, the headlights on, but the engine off."
Fieselman v. State, 537 So. 2d 603 (Fla. Dist. Ct. App. 3d Dist. 1988)
"Whether presence of car key in ignition of vehicle in which defendant was found intoxicated and asleep, lying down on front seat, supported inference that defendant was in actual physical control of the vehicle, as required for conviction for being in control of vehicle while under the influence of alcoholic beverages, was for the fact finder."
Williams v. State, 710 So. 2d 24 (Fla. Dist. Ct. App. 3d Dist. 1998)
"Horizontal gaze nystagmus (HGN) test results alone, in absence of chemical analysis of blood, breath, or urine, are inadmissible to trigger presumption of impairment and may not be used to establish blood alcohol content (BAC) of 0.08% or more. West's F.S.A. §§ 316.193(1), 316.1934(2)."
State v. Fitzgerald, 63 So. 3d 75 (Fla. Dist. Ct. App. 2d Dist. 2011)
"In felony driving under the influence (DUI) case, State satisfied its burden to prima facie demonstrate that defendant was in actual physical control of a motor vehicle while under the influence of alcohol so as to survive motion to dismiss; defendant was sitting in the driver's seat and she readily produced the car keys, there was no evidence that she needed to search for the keys or that she retrieved them from the passenger, car was stopped in an intersection with its lights on, legitimate inference to be drawn was that defendant placed herself behind the wheel and at any time could have started the car and driven away, and keys were close enough for defendant to use them to start the car and drive away."
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