Petitioner individual was convicted and sentenced by the county court for being in actual, physical control of a motor vehicle while under the influence of alcohol, a violation of Fla. Stat. ch. 316.193(1)(a) (1982). The circuit court affirmed and petitioner filed a petition for writ of certiorari. The court denied the petition. There was circumstantial evidence that petitioner had actual, physical control of the car. A police officer found petitioner asleep in the driver's seat of a car that was stationary in a traffic lane. The engine was stopped, and the key was in the ignition. The car's brake light went off when petitioner got out of the car. While defendant was asleep when the officer approached, he had placed himself behind the wheel of the car and could have started it and driven away. Petitioner's sentence was correct. Fla. Stat. ch. 322.28 (1982) provided that revocation of a driver's license was a penalty for the offense of driving a motor vehicle while under the influence of alcoholic beverages. Fla. Stat. ch. 316.193 (1982) defined that offense as including being in the actual physical control of a motor vehicle while under the influence of alcoholic beverages.
Griffin v. State, 457 So. 2d 1070
A police officer found defendant sitting intoxicated in the driver's seat of a parked car. The court of appeal held that the facts before the circuit court satisfied the State's burden to prima facie demonstrate that defendant was in actual physical control of a motor vehicle while under the influence of alcohol. The State could prove the charge with evidence that defendant was physically in a vehicle with the capability to operate it, regardless of whether she was actually operating it at the time. Defendant was sitting in the driver's seat, and she readily produced the car keys upon the officer's request. There was no evidence that she needed to search for the keys or that she retrieved them from the passenger. The car was stopped in an intersection with its lights on. A 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. The keys were close enough for defendant to use them to start the car and drive away.
This case was initially dismissed by the District Court.
The court of appeal reversed the dismissal and remanded the case for further proceedings.
State v. Fitzgerald, 63 So. 3d 75 (2011)
