Legal Opinion
Kingsley v. State
Court of Appeals of Alaska
Decided November 9, 2000No. A-7288PublishedCited by 9 opinions
1Opinion of the Court
OPINION
MANNHEIMER, Judge.
The crime defined in AS 28.35.080(a) is usually referred to as "driving while intoxicated". The text of this statute speaks of a person who "operates or drives a motor vehicle". Nevertheless, an intoxicated person can commit this crime without "driving" or "operating" a car in the usual sense. The statute is violated whenever an intoxicated person is in actual physical control of a motor vehicle. 1
Greg E. Kingsley drove his car into a snow berm, where it remained stuck despite his efforts to extricate it. Kingsley turned the engine off, but he continued to sit in the…
2Cases cited4 opinions
- Lathan v. StateCourt of Appeals of Alaska · 1985
- State, Department of Public Safety, Division of Motor Vehicles v. ConleyAlaska Supreme Court · 1988
- Williams v. StateCourt of Appeals of Alaska · 1994
- Mezak v. StateCourt of Appeals of Alaska · 1994
3Cited by9 opinions
- State v. ButlerTennessee Supreme Court · 2003
- State v. VialpandoCourt of Appeals of Utah · 2004
- State v. MersmanCourt of Appeals of Oregon · 2007
- State v. DawleyCourt of Appeals of Arizona · 2001
- Knutsen v. StateCourt of Appeals of Alaska · 2004
4 more not listed; retrieve them via the Exa API.