Facts about Potter's Case
The Issue of the Potter case
What is Under the New Hampshire Dui Statute would Dr. Potter’s actions be considered driving beyond a reasonable doubt?
Potters dissimilarity to Winstead and Holloran
What is in Winstead, the defendant unlocked the door, pushed the clutch in, moved the gear selector to neutral, started the engine and turned on the heater?
And in Holloran, the defendant showed he had an intent to drive while intoxicated due to the fact that he said he was waiting on a call from his wife to pick her up. Although Potter did not meet these standards he still showed he was in control of the vehicle?
New Hampshire statute for DUI
What is No person shall drive or attempt to drive a vehicle upon any way or attempt to operate an OHRV while under the influence 265-A:2?
The Relevant cases
what are State v. Holloran and State v. Winstead?
The likely result of the Potter case.
What would be a court finding that the act of sleeping in the driver’s seat, with the lights on and keys in the ignition, constitutes as “driving” therefore Dr. Potter act of being intoxicated falls under New Hampshire’s DUI statute?
Potters Similarity to Winstead
What is like the defendant in Winstead, who was found asleep in the driver’s seat with the lights on and keys in the ignition, here, Dr. Potter was found in the driver’s seat with the lights on and keys in the ignition indicating he had actual physical control of the motor vehicle?
The two sub-rules of the relevant cases
What are
If a person is in the driver's seat plus willing and able to put the keys in the ignition, turn on the heat, touch the shift gear, and has driven or was planning to drive the vehicle on a public way, that person has exercised domain over said vehicle.
And
Operating a vehicle can occur before falling asleep if steps before consist of exercising domain?
This Defendant was found guilty of a DUI in New Hampshire while in drivers seat, keys were in the ignition, and intent to drive while being intoxicated
Who is Holloran?
What case found not to relevant to Potter’s case
What is State v. O’Malley?
Potter's similarity to Holloran
What is like the Defendant in Holloran, who was in actual physical control of his truck, even when the truck was legally parked and the engine off, here, Dr. Potter is in actual physical control of his truck, notwithstanding that his car was parked and engine was not running?
This act is defined by in all its moods and tense, shall mean to operate or be in actual physical control of a motor vehicle
What is Driving?
This Defendant from New Hampshire was found to have actual physical control of the car before falling asleep because the motor was running, was in a parking lot, gear in neutral, started engine and had heater on.
Who is Winstead?