Bullock v. Dept. of Motor Vehicles

Steffen, J.,

joined by Mowbray, J., dissenting:

I dissent.

In my view, the majority have misperceived the thrust of the actual physical control provision contained in NRS 484.379. Both the hearing officer and the district court judge understood, correctly I submit, that the legislature sought by that language to discourage intoxicated persons from entering their vehicles in the capacity of operators in areas accessible to the public.

I agree with the hearing officer’s conclusion that although “it is commendable for an individual not to drive his vehicle once he is *329incapable of safely operating…