Sleeping in Car DUI Defense - Car Running
Recently, Michigan courts have stated that “once a person using a motor vehicle as a motor vehicle has put the vehicle in motion, or in a position posing a significant risk of causing a collision, such a person continues to operate it until the vehicle is returned to a position posing no such risk
The current test is therefore an analysis of the risk of potential danger or harm based on the positioning of the vehicle, considering the facts and circumstances of each case.
So each case is fact sensitive; something like the car being off is probably a slam dunk of no operation, but simply sleeping at the wheel may count as operation.
The current test is therefore an analysis of the risk of potential danger or harm based on the positioning of the vehicle, considering the facts and circumstances of each case.
So each case is fact sensitive; something like the car being off is probably a slam dunk of no operation, but simply sleeping at the wheel may count as operation.
