State v. Cross

I respectfully dissent.

“A person commits the crime of ‘driving while intoxicated’ if he operates a motor vehicle while in an intoxicated or drugged condition.” § 577.010.1, RSMo (1994) (emphasis in original). Section 577.001.1, RSMo (1994), defined “operates” as used in the statute to mean, “physically driving or operating or being in actual physical control of a motor vehicle.” In 1996, the Legislature amended the definition of “operates” in § 577.001.1 to read, “physically driving or operating a motor vehicle.” § 577.001.1, RSMo Cum.Supp. (1999). The amendment deleted the phrase “or being…