State v. Kincaid

I concur in the judgment and opinion. I agree that appellant’s conduct in the instant case regarding the alleged operation of the vehicle does not fall within the standard established by the Ohio Supreme Court. In defining the word “operate,” the court wrote in State v. McGlone (1991), 59 Ohio St.3d 122, 570 N.E.2d 1115, syllabus, as follows:

“An intoxicated person who is in the driver’s seat of a motor vehicle parked on private or public property with the key in the ignition is operating the vehicle in violation of R.C. 4511.19(A)(1).”

As the majority opinion points out, in the case sub judice…