People v. Morris

Police officer found Defendant passed out in front seat of parked car, ignition off, driver's side door open, and keys in his right hand. Defendant was charged with actual physical control of car while under influence of alcohol and felony driving with suspended or revoked license. State proved beyond a reasonable doubt that Defendant was under influence of alcohol and had actual physical control of car under factors courts consider. Neither his intent nor fact that ignition was off and car parked defines or explains actual physical control. Officer testified that he was trained to conduct field sobriety tests and that HGN test was one of three standard such tests; and other evidence as to officers' observations of Defendant supported finding of intoxication.(NEVILLE and MASON, concurring.)