Isom v. State

The criteria set forth in Rogers v. State, 105 Nev. 230, 773 P.2d 1226 (1989), for determining whether a person is in actual physical control of a parked vehicle and the standards as were applied in Bullock v. State, 105 Nev. 326, 775 P.2d 225 (1989), coupled with a reasonable consideration of the two major policy considerations stated by the majority, lead me to conclude that Isom was not in actual physical control of her vehicle. Someone fast asleep, lying across the front seat of a car parked in a vacant parking lot should not be considered to be in actual physical control of the vehicle.…