P. Box 1432 - 113 Green Mt. Steven Tanger Center: Grand-Scale Networking Entertains Sound & Communications – September 24, 2020 SE Systems installed the Meyer Sound Constellation Acoustic System. Sounds of the Summer of Love Coming to Golden Gate Park June 13, 2017 The sounds of the Summer of Love will be heard 50 years later throughout Golden Gate Park as part of the Grand Lighting and Surrealistic Summer Solstice Concert on June 21. InAVate 40 Under 40 InAVate APAC – December 5, 2019 Passion can help you accomplish great feats. Little shop of horrors near me. MICA at Danish Charity Concert April 18, 2013 Meyer Sound's MICA line array loudspeakers provided a commanding performance at the Denmark Collection (Danish: Danmarks Indsamling), an annual charity show for African causes produced by Danish public broadcaster DR. Katelyn Rogers plays one of the "Do Wop Girls" and says, "Little Shop is one of the most organized, well produced shows I've ever been involved with. This interview was conducted soon after Marc Anthony's sold-out Valentine's concert before an ecstatic audience of 19, 000 at New York's Madison Square Garden. Dubai World Trade Centre Debuts LEO October 10, 2013 The Dubai World Trade Centre (DWTC) recently introduced its new Meyer Sound LEO linear large-scale sound reinforcement system during Dubai Music Week.
Seussical JR. at Slingerlands Community U. m. c. 1499 New Scotland Road. 3112 Speidel Dr. 3112 Speidel. Used to discreetly support a schedule of Cantonese opera productions, the compact MINA system was chosen for the 1, 031-seat theatre due to its low profile, as it was important to theatre management that the system had zero visibility. Little Shop of Horrors. Meyer Sound Stadium System in Rennes March 7, 2012 Approaching 100 years of hosting football matches, Le Stade de la Route de Lorient in Rennes made the decision to install a robust complement of 64 Meyer Sound loudspeakers—making it the first major stadium in France to boast a completely self-powered audio reinforcement system. Disney's Frozen KIDS at San Jacinto Valley Academy.
201 Sw Fifth Ave. Fort Lauderdale, FL 33312United States. Sound System Provides Full Immersion in "Double Duty" Atmos Room at Dallas Audio Post July 22, 2020 With an eye to the future and a finger on the pulse of the regional market, Dallas Audio Post has rebuilt its main mix room to enable production of soundtracks in the latest immersive formats. Extensive Upgrade at Australia's Adelaide Convention Centre August 12, 2020 Widely recognized as one of the world's most flexible and technologically advanced meeting facilities, the Adelaide Convention Centre (ACC) in South Australia recently completed a AU$397 million redevelopment which included a major overhaul of the venue's audio systems. LEO Family Rolls with Justin Bieber December 5, 2016 With 138 shows scheduled over a 15-month run across five continents, Justin Bieber's marathon "Purpose World Tour" is on track to rank among the five top grossing tours of 2016. Comprehensive Daily Online Training Program Launches May 11, 2020 As part of Meyer Sound's ongoing webinar education program, Friday, May 15 President & CEO John Meyer will present "From Apocalypse Now to Bluehorn" at 9 AM PST. In addition to exceptional sound quality and reliability, the design team has named accurate sonic translation as a primary reason for the system choice. Little Shop of Horrors Comes to the Mat-Su. The show took place at Stadium Arena Fyn in Odense, Denmark, and featured a system designed by Jesper Findshøj, concert producer for rental house AV-Center.
Dance Unlimited/spotlight Acting Academy. A Little Night Music at Civic Theatre Of Allentown. Prairie Queen Elementary School. The Bayshore School. Disney's Finding Nemo JR. Little shop of horrors boston. at Bender Performing Arts Center. From February 16–24, 2012 at Dubai Festival City, a robust Meyer Sound MILO-based line array loudspeaker system covered the site with exemplary sound—even after being pummeled by a ferocious sandstorm. Dun does a backflip off of Joseph's piano. InstallAwards: Musikverein & SF Exploratorium June 28, 2014 Meyer Sound was the only company to be recognized in two different categories at the inaugural InstallAwards held in June 2014 in London.
Orpheus Descending: Creating the darkly magical world of Hadestown Lighting & Sound America – June 10, 2019 The duo came onboard for the Citadel production, and like the others, their work really started to bear fruit in London. 8817 Highway 54 West. Ed Sheeran "+ – = ÷ x" Tour May 3, 2022 More than 80, 000 Irish fans burst into cheers of jubilation when the first pummeling chords of "Tides" opened each of Ed Sheeran's two shows in late April at Dublin's Croke Park Stadium. Godsmack and Shinedown Deliver a Double Blast Propelled by LEO Family October 25, 2018 With two headline bands combining their drawing power, hard rock luminaries Godsmack and Shinedown packed 40 A-market sheds and arenas across the USA on a double-barreled summer tour that left the crowds stomping and chanting for more. 1400 Community Drive. Total attendance topped 46, 000 for the nine evenings of performances. Steve Hackett with MICA and Capital Sound June 17, 2013 For the recent UK leg of his Genesis Revisited European tour, former Genesis guitarist Steve Hackett turned to London-based Capital Sound to provide a Meyer Sound reinforcement system. The Constellation system is the first in a dedicated performing arts venue in Australia. Serving the main floor and mezzanine areas, the system presents musical fidelity for daytime background tracks and boosts the energy level for live music showcases during the weekends. Rochester City School District. DBS Audio Spurs Growth with LYON March 27, 2015 To expand its touring rental business, DBS Audio Systems, Inc. Little shop of horrors glenn massy 91. of Coatesville, Penn. Bright Norway and Sonalyst for LEOPARD & 900-LFC April 22, 2015 Bright Norway AS and UK's Sonalyst have officially become the first companies to purchase the new LEOPARD linear sound reinforcement system from Meyer Sound. Dave Matthews Band 2022 December 7, 2022 Dave Matthews Band wrapped their November US tour with two sold-out shows at Madison Square Garden, deploying a system anchored by our PANTHER large-format linear line array loudspeakers for the first time.
LEO Family Powers Metallica Stadium Tour May 22, 2017 Metallica's summer-long WorldWired Tour is currently rolling in high gear through the largest stadiums and festival sites in North America, galvanizing the iconic band's multi-generational fan base by delivering a searing, eye-popping and – literally – gut-slamming experience of adrenaline-fueled guitar rock. CAL in Medieval Italian Cathedral August 13, 2013 Built in the early 12th century, the stately Romanesque Cathedral of Sessa Aurunca in Italy, recently installed a Meyer Sound CAL column array loudspeaker system to solve a speech intelligibility problem commonly found in highly reverberant spaces. Winter Jam with LEO November 10, 2013 Having topped Pollstar's first quarter ticket sales charts for the past three years, the Winter Jam Tour Spectacular is playing 58 shows across the U. through March 2014. Meyer Sound MILO for Movement Electronic Music Festival May 4, 2012 The Movement Electronic Music Festival, taking place May 26-28, 2012 at Detroit's Hart Plaza, will feature a huge array of Meyer Sound equipment provided by Livonia, Mich. -based Thunder Audio. Vetusta Morla November 9, 2022 The full-range arrays for the Madrid concert comprised a total of 72 LEO, 42 LYON, and 12 MICA line array loudspeakers, with 18 LEOPARD loudspeakers deployed for front fill and 48 1100-LFC low-frequency control elements for ample bass power. However, with installation of Meyer Sound Constellation active acoustics in 2019, it was transformed into an intimate live performance and recording space. Dierks Bentley Rolls with First AVB-Networked Meyer Sound Touring Rig September 7, 2017 On his What the Hell World Tour, country superstar Dierks Bentley is packing arenas and amphitheaters across North America, energizing fans with rousing concerts while also setting a technical milestone. Two large shows took place on Central Park's Great Lawn, where Meyer Sound loudspeakers covered a widely dispersed audience estimated at more than 50, 000. The Anchorage Fire Department in association with the International Association of Fire Fighters - Local 1264 graduated 20 candidates through a 15-week fire academy.... | Alaska Southcentral. Among them is Tony-nominated sound designer, Peter Hylenski, who specified a Meyer Sound reinforcement system to showcase the venue's top-flight musical talent. Following these upgrades, every major venue on Willow Creek's main campus in South Barrington, Ill. and three of its regional campuses are now equipped with Meyer Sound.
Disney's The Lion King KIDS at Rustic Canyon. Both systems were provided by London-based Autograph Sound with logistical coordination by Scott Arnold. Though it was determined that both a large auditorium and a smaller performance hall would be ideal for its range of events, their budget could not justify building and maintaining multiple spaces. Montréal International Jazz Festival 2022 August 10, 2022 The Montréal International Jazz Festival roared back to life in 2022, reinforcing its distinction as the largest jazz festival in the world. Walking into art Pro AVL Asia – March 1, 2022 The audio system consists of 28 Meyer Sound ULTRA-X20 compact, self-powered, full-range speakers and 11 USW-112P self-powered subwoofers, with networking and zone control handled by three Galileo GALAXY 816 processors. Royal Birmingham Conservatoire Opens November 1, 2017 Recently granted the great distinction of a Royal title by Her Majesty The Queen, the new £57m facility at Birmingham City University is a state-of-the-art music conservatoire. "The result of this effort is a new spatial sound design and mixing tool, Spacemap Go, that leverages Meyer's experience with spatial audio software and scalable digital processing with advances in multitouch control interfaces, " said Steve Ellison, director of spatial sound at Meyer Sound. The result is a suite of Crestron modules in development that will allow customers to seamlessly implement Meyer Sound self-powered loudspeaker systems in environments controlled by Crestron products. LINA Harmonizes Eye and Ear at Las Vegas' Holy Spirit Catholic Church November 6, 2018 By blending contemporary Southwestern architecture with a striking variety of modern and traditional inspirational art, Holy Spirit Catholic Church in Las Vegas immerses up to 1600 worshippers in an extraordinary visual experience. Fantasy Playhouse Childrens Theater. Music Director, Kevin Rotty comments, "The presence of the spoken word and the music has been so clear. Among the most prestigious institutions of its kind in Europe, the Aarhus School of Architecture was established in 1965. The equipment choice for the 40-city tour was driven in large part by Journey's FOH engineer Jim Yakabuski, a former mixer for Avril Lavigne, Van Halen, and Matchbox Twenty. The control rooms, however, have undergone significant changes, getting larger, cleaner and more accurate over the years.
The music venue's debut shows in mid-May were powered by a LEOPARD system provided by Meyer Sound rental partner UltraSound, showcasing one of the early innovations that explores new ways to deliver performances to a safely-distanced live audience. FOH engineer Martin Walker chose the LEO Family to ensure maximum power and clarity for Iron Maiden after mixing Judas Priest's 2014-2015 world tour on the system. Equipped with advanced beam steering and beam splitting capabilities, the discreet CAL loudspeakers ensure clear articulation for spoken word and amplified events within a relatively reverberant room acoustic that is eminently suitable for jazz bands and choral performances. Sanborn, NY 14132United States. IntelligentDC a Perfect Match for Newest terrain Event Venue February 20, 2019 The new Terrain Gardens at Devon yard has quickly emerged as the prime location for upscale weddings, parties and corporate events in the Main Line suburbs west of Philadelphia. Bright Norway AS Deploys LYON August 28, 2014 The largest Meyer Sound LYON linear sound reinforcement system ever assembled was heard this summer at Telenor Arena in Oslo, Norway. They create a feeling of power, uneasiness, energy. Together the line array cabinets and the compact low-frequency control element offer inherent linearity, low distortion, and exceptional power-to-size ratio.
John Meyer | My Music Gramophone – August 8, 2022 John Meyer discusses his passion for sound technology and giving musicians the perfect audio environment. Crystal Clear Lighting & Sound America – September 1, 2018 [This summer's Dave Matthews Band] tour's sound-reinforcement system features a Meyer Sound LEO PA provided by Martinez, California-based UltraSound. Katy, TX 77450United States. Irish Pub with 48 V Loudspeakers February 5, 2014 The focal point of The Irish Village pub in Dubai is its recently expanded, 3, 500-capacity scenic outdoor terrace. Case Study: Stranger Than Kindness, Denmark InAVate EMEA – September 7, 2020 The soundscape here is designed to be powerfully immersive and linked with the projections around the tent. Alexandria Country Day School. D-Mitri Orchestrates Immersive Sonic Experience at The Blue Planet July 1, 2013 Brand new and now the largest aquarium in Northern Europe, The Blue Planet (Den Blå Planet), National Aquarium Denmark is winning accolades not only for its magnificent variety of marine life but also for its striking whirlpool-inspired architecture and its leading-edge use of imaginative sound design. In addition, Meyer Sound will assist in training the festival's own technical staff in audio system design, configuration and optimization.
A highlight of the complete technical upgrade was the installation of 32 new Meyer Sound loudspeakers, largely drawn from the company's new ULTRA-X series. Spacemap Go Roadshow Adds New Dates from July through December June 16, 2021 The Meyer Sound Spacemap Go US Roadshow will roll across the country through the summer and fall with stops in 10 cities, including sessions in conjunction with the Church Facilities Conference & Expo (CFX) in Dallas, September 21-22, and InfoComm 2021 in Orlando, October 26-29. More than 130 Meyer Sound loudspeakers are installed in 14 separate systems in the school's classrooms, athletic facilities, and main theatre. To ensure Crystal's rapid one-liners punch through clearly, and the music evenly blankets the 1, 232-seat Nederlander Theater, Tony Award-winning sound designer Kai Harada crafted a custom-tailored reinforcement system employing 90 Meyer Sound loudspeakers selected from 11 different current and legacy models. Meyer Sound Low-Voltage Systems at The Owner's Box Sports Bar September 5, 2012 The Owner's Box Sports Bar and Grill at the new Omni Dallas Hotel has become the hot-spot for both intense game-watching and socializing in this sports-centric city. Large Constellation Spotted in Jakarta Pro AVL Asia – December 9, 2019 The new Jakarta International Theatre at the Jakarta International Expo (JIEXPO) is the largest venue in the Asia Pacific region to be installed with a Meyer Sound Constellation system. A-List Productions Alaska. The event roared back to life, drawing a record 170, 000 attendees for its blockbuster three-day lineup of performances by Billie Eilish, Megan Thee Stallion, A$AP Rocky, Green Day, and more than 100 additional acts. San Juan Community Theatre. Serving three venues in a temporary race village at each of the 10 worldwide ports, Meyer Sound systems provide clear voice communication and musical backdrops. Constellation Makes Big Splash at SoundBox March 5, 2015 At SoundBox, the Meyer Sound Constellation acoustic system plays a keystone element in the San Francisco Symphony's radical new strategy for attracting younger audiences to diverse live music.
Metallica's Cubist Period Lighting & Sound America – September 1, 2018 For the PA design, Big Mick turned to Bob McCarthy, of Meyer Sound: "Bob literally wrote the book on audio. Sonic, who is partially deaf, uses the venue's new Meyer Sound system to re-create her aural experience. Lloyd Webber's longtime sound designer Mick Potter uses Constellation's acoustical effects throughout the show to optimize the aural experience for the audience. Sweetwater Sound June 1, 2021 Meyer Sound has appointed Sweetwater Sound of Fort Wayne, Indiana as a new authorized e-tailer for the company's line of self-powered loudspeakers for music reinforcement and recording applications. It Shoulda Been You at Schenectady Light Opera Company.
We therefore join other courts which have rejected an inflexible test that would make criminals of all people who sit intoxicated in a vehicle while in possession of the vehicle's ignition keys, without regard to the surrounding circumstances. See generally Annotation, What Constitutes Driving, Operating, or Being in Control of Motor Vehicle for Purposes of Driving While Intoxicated Statute or Ordinance, 93 A. L. Mr. robinson was quite ill recently played most played. R. 3d 7 (1979 & 1992 Supp. The question, of course, is "How much broader?
In sum, the primary focus of the inquiry is whether the person is merely using the vehicle as a stationary shelter or whether it is reasonable to assume that the person will, while under the influence, jeopardize the public by exercising some measure of control over the vehicle. 2d 1144, 1147 (Ala. 1986). Comm'r, 425 N. 2d 370 (N. 1988), in turn quoting Martin v. Commissioner of Public Safety, 358 N. 2d 734, 737 ()); see also Berger v. District of Columbia, 597 A. Cagle v. City of Gadsden, 495 So. This view, at least insofar as it excuses a drunk driver who was already driving but who subsequently relinquishes control, might be subject to criticism as encouraging drunk drivers to test their skills by attempting first to drive before concluding that they had better not. Mr. robinson was quite ill recently made. Superior Court for Greenlee County, 153 Ariz. 2d at 152 (citing Zavala, 136 Ariz. 2d at 459).
The danger is less than that involved when the vehicle is actually moving; however, the danger does exist and the degree of danger is only slightly less than when the vehicle is moving. Courts must in each case examine what the evidence showed the defendant was doing or had done, and whether these actions posed an imminent threat to the public. And while we can say that such people should have stayed sober or planned better, that does not realistically resolve this all-too-frequent predicament. Mr. robinson was quite ill recently died. Although the definition of "driving" is indisputably broadened by the inclusion in § 11-114 of the words "operate, move, or be in actual physical control, " the statute nonetheless relates to driving while intoxicated.
What constitutes "actual physical control" will inevitably depend on the facts of the individual case. As we have already said with respect to the legislature's 1969 addition of "actual physical control" to the statute, we will not read a statute to render any word superfluous or meaningless. Thus, we must give the word "actual" some significance. By using the word "actual, " the legislature implied a current or imminent restraining or directing influence over a vehicle.
Key v. Town of Kinsey, 424 So. 2d 407, 409 (D. C. 1991) (stating in dictum that "[e]ven a drunk with the ignition keys in his pocket would be deemed sufficiently in control of the vehicle to warrant conviction. For example, on facts much akin to those of the instant case, the Supreme Court of Wyoming held that a defendant who was found unconscious in his vehicle parked some twenty feet off the highway with the engine off, the lights off, and the key in the ignition but off, was in "actual physical control" of the vehicle. In the words of a dissenting South Dakota judge, this construction effectively creates a new crime, "Parked While Intoxicated. " While we wish to discourage intoxicated individuals from first testing their drunk driving skills before deciding to pull over, this should not prevent us from allowing people too drunk to drive, and prudent enough not to try, to seek shelter in their cars within the parameters we have described above.
Courts pursuing this deterrence-based policy generally adopt an extremely broad view of "actual physical control. " We believe that the General Assembly, particularly by including the word "actual" in the term "actual physical control, " meant something more than merely sleeping in a legally parked vehicle with the ignition off. Even the presence of such a statutory definition has failed to settle the matter, however. Position of the person charged in the driver's seat, behind the steering wheel, and in such condition that, except for the intoxication, he or she is physically capable of starting the engine and causing the vehicle to move; 3. In State v. Bugger, 25 Utah 2d 404, 483 P. 2d 442 (1971), the defendant was discovered asleep in his automobile which was parked on the shoulder of the road, completely off the travel portion of the highway. The court reached this conclusion based on its belief that "it is reasonable to allow a driver, when he believes his driving is impaired, to pull completely off the highway, turn the key off and sleep until he is sober, without fear of being arrested for being in control. " In Zavala, an officer discovered the defendant sitting unconscious in the driver's seat of his truck, with the key in the ignition, but off. In view of the legal standards we have enunciated and the circumstances of the instant case, we conclude there was a reasonable doubt that Atkinson was in "actual physical control" of his vehicle, an essential element of the crime with which he was charged. Perhaps the strongest factor informing this inquiry is whether there is evidence that the defendant started or attempted to start the vehicle's engine.
Denied, 429 U. S. 1104, 97 1131, 51 554 (1977). The location of the vehicle can be a determinative factor in the inquiry because a person whose vehicle is parked illegally or stopped in the roadway is obligated by law to move the vehicle, and because of this obligation could more readily be deemed in "actual physical control" than a person lawfully parked on the shoulder or on his or her own property. Adams v. State, 697 P. 2d 622, 625 (Wyo. We believe it would be preferable, and in line with legislative intent and social policy, to read more flexibility into [prior precedent].
V. Sandefur, 300 Md. In Alabama, "actual physical control" was initially defined as "exclusive physical power, and present ability, to operate, move, park, or direct whatever use or non-use is to be made of the motor vehicle at the moment. " As a practical matter, we recognize that any definition of "actual physical control, " no matter how carefully considered, cannot aspire to cover every one of the many factual variations that one may envision. Webster's also contrasts "actual" with "potential and possible" as well as with "hypothetical. The inquiry must always take into account a number of factors, however, including the following: 1) whether or not the vehicle's engine is running, or the ignition on; 2) where and in what position the person is found in the vehicle; 3) whether the person is awake or asleep; 4) where the vehicle's ignition key is located; 5) whether the vehicle's headlights are on; 6) whether the vehicle is located in the roadway or is legally parked. It is important to bear in mind that a defendant who is not in "actual physical control" of the vehicle at the time of apprehension will not necessarily escape arrest and prosecution for a drunk driving offense. Further, when interpreting a statute, we assume that the words of the statute have their ordinary and natural meaning, absent some indication to the contrary. What may be an unduly broad extension of this "sleep it off" policy can be found in the Arizona Supreme Court's Zavala v. State, 136 Ariz. 356, 666 P. 2d 456 (1983), which not only encouraged a driver to "sleep it off" before attempting to drive, but also could be read as encouraging drivers already driving to pull over and sleep. Id., 136 Ariz. 2d at 459. Thus, rather than assume that a hazard exists based solely upon the defendant's presence in the vehicle, we believe courts must assess potential danger based upon the circumstances of each case. Management Personnel Servs.
The policy of allowing an intoxicated individual to "sleep it off" in safety, rather than attempt to drive home, arguably need not encompass the privilege of starting the engine, whether for the sake of running the radio, air conditioning, or heater. For example, a person asleep on the back seat, under a blanket, might not be found in "actual physical control, " even if the engine is running. Petersen v. Department of Public Safety, 373 N. 2d 38, 40 (S. 1985) (Henderson, J., dissenting). While the Idaho statute is quite clear that the vehicle's engine must be running to establish "actual physical control, " that state's courts have nonetheless found it necessary to address the meaning of "being in the driver's position. " The court said: "An intoxicated person seated behind the steering wheel of an automobile is a threat to the safety and welfare of the public. The court set out a three-part test for obtaining a conviction: "1.
Most importantly, "actual" is defined as "present, " "current, " "existing in fact or reality, " and "in existence or taking place at the time. " City of Cincinnati v. Kelley, 47 Ohio St. 2d 94, 351 N. E. 2d 85, 87- 88 (1976) (footnote omitted), cert. We do not believe the legislature meant to forbid those intoxicated individuals who emerge from a tavern at closing time on a cold winter night from merely entering their vehicles to seek shelter while they sleep off the effects of alcohol. A vehicle that is operable to some extent. For the intoxicated person caught between using his vehicle for shelter until he is sober or using it to drive home, [prior precedent] encourages him to attempt to quickly drive home, rather than to sleep it off in the car, where he will be a beacon to police. Because of the varying tests and the myriad factual permutations, synthesizing or summarizing the opinions of other courts appears futile. As long as a person is physically or bodily able to assert dominion in the sense of movement by starting the car and driving away, then he has substantially as much control over the vehicle as he would if he were actually driving it. 2d 483, 485-86 (1992). State v. Ghylin, 250 N. 2d 252, 255 (N. 1977). While the preferred response would be for such people either to find alternate means of getting home or to remain at the tavern or party without getting behind the wheel until sober, this is not always done. More recently, the Alabama Supreme Court abandoned this strict, three-pronged test, adopting instead a "totality of the circumstances test" and reducing the test's three prongs to "factors to be considered. " Rather, each must be considered with an eye towards whether there is in fact present or imminent exercise of control over the vehicle or, instead, whether the vehicle is merely being used as a stationary shelter.
One can discern a clear view among a few states, for example, that "the purpose of the 'actual physical control' offense is [as] a preventive measure, " State v. Schuler, 243 N. W. 2d 367, 370 (N. D. 1976), and that " 'an intoxicated person seated behind the steering wheel of a motor vehicle is a threat to the safety and welfare of the public. ' Those were the facts in the Court of Special Appeals' decision in Gore v. State, 74 143, 536 A. The Supreme Court of Ohio, for example, defined "actual physical control" as requiring that "a person be in the driver's seat of a vehicle, behind the steering wheel, in possession of the ignition key, and in such condition that he is physically capable of starting the engine and causing the vehicle to move. " Superior Court for Greenlee County, 153 Ariz. 119, 735 P. 2d 149, 152 (). Emphasis in original). In the instant case, stipulations that Atkinson was in the driver's seat and the keys were in the ignition were strong factors indicating he was in "actual physical control. " In this instance, the context is the legislature's desire to prevent intoxicated individuals from posing a serious public risk with their vehicles. In Garcia, the court held that the defendant was in "actual physical control" and not a "passive occupant" when he was apprehended while in the process of turning the key to start the vehicle. The court defined "actual physical control" as " 'existing' or 'present bodily restraint, directing influence, domination or regulation, ' " and held that "the defendant at the time of his arrest was not controlling the vehicle, nor was he exercising any dominion over it. " Accordingly, a person is in "actual physical control" if the person is presently exercising or is imminently likely to exercise "restraining or directing influence" over a motor vehicle while in an intoxicated condition. 2d 701, 703 () (citing State v. Purcell, 336 A.
Neither the statute's purpose nor its plain language supports the result that intoxicated persons sitting in their vehicles while in possession of their ignition keys would, regardless of other circumstances, always be subject to criminal penalty. FN6] Still, some generalizations are valid. The same court later explained that "actual physical control" was "intending to prevent intoxicated drivers from entering their vehicles except as passengers or passive occupants as in Bugger.... " Garcia v. Schwendiman, 645 P. 2d 651, 654 (Utah 1982) (emphasis added). In these states, the "actual physical control" language is construed as intending "to deter individuals who have been drinking intoxicating liquor from getting into their vehicles, except as passengers. " See, e. g., State v. Woolf, 120 Idaho 21, 813 P. 2d 360, 362 () (court upheld magistrate's determination that defendant was in driver's position when lower half of defendant's body was on the driver's side of the front seat, his upper half resting across the passenger side). Quoting Hughes v. State, 535 P. 2d 1023, 1024 ()) (both cases involved defendant seated behind the steering wheel of vehicle parked partially in the roadway with the key in the ignition). Statutory language, whether plain or not, must be read in its context. Webster's also defines "control" as "to exercise restraining or directing influence over. "
The court said: "We can expect that most people realize, as they leave a tavern or party intoxicated, that they face serious sanctions if they drive. Many of our sister courts have struggled with determining the exact breadth of conduct described by "actual physical control" of a motor vehicle, reaching varied results. Idaho Code § 18- 8002(7) (1987 & 1991); Matter of Clayton, 113 Idaho 817, 748 P. 2d 401, 403 (1988). The Arizona Court of Appeals has since clarified Zavala by establishing a two-part test for relinquishing "actual physical control"--a driver must "place his vehicle away from the road pavement, outside regular traffic lanes, and... turn off the ignition so that the vehicle's engine is not running. In those rare instances where the facts show that a defendant was furthering the goal of safer highways by voluntarily 'sleeping it off' in his vehicle, and that he had no intent of moving the vehicle, trial courts should be allowed to find that the defendant was not 'in actual physical control' of the vehicle.... ". No one factor alone will necessarily be dispositive of whether the defendant was in "actual physical control" of the vehicle. Webster's Third New International Dictionary 1706 (1986) defines "physical" as "relating to the body... often opposed to mental. " Richmond v. State, 326 Md. Other factors may militate against a court's determination on this point, however. A person may also be convicted under § 21-902 if it can be determined beyond a reasonable doubt that before being apprehended he or she has actually driven, operated, or moved the vehicle while under the influence. Id., 25 Utah 2d 404, 483 P. 2d at 443 (citations omitted and emphasis in original). Thus, our construction of "actual physical control" as permitting motorists to "sleep it off" should not be misconstrued as encouraging motorists to try their luck on the roadways, knowing they can escape arrest by subsequently placing their vehicles "away from the road pavement, outside regular traffic lanes, and... turn[ing] off the ignition so that the vehicle's engine is not running. "