State v. Gill

The principal issue presented by these cases involves an interpretation of the word “operate,” as that term is used in R.C. 4511.19. Specifically, we are asked to determine whether a person can be found in violation of R.C. 4511.19(A)(1) and (3) where the person is found intoxicated and in the driver’s seat of a parked vehicle with the ignition key in the ignition and the vehicle’s engine not running.

R.C. 4511.19(A)(1) and (3) provide: “No person shall operate any vehicle, streetcar, or trackless trolley within this state, if any of the following apply: (1) The person is under the influence…