Rogers v. State

I join Judge Bird’s dissent because I agree that appellant exercised actual physical control over his vehicle. I also agree that the cases cited by the majority, Dowell v. State, 283 Ark. 161, 671 S.W.2d 740 (1984), and Stephenson v. City of Fort Smith, 71 Ark. App. 190, 36 S.W.3d 754 (2000), do not compel reversal because whether appellant exercised actual physical control over his vehicle is not determined by merely finding that his keys were not in the ignition of his running vehicle.

I write separately to further emphasize that appellant’s conduct represented precisely the type of public…