Commonwealth v. Kallus

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding motorist in actual physical control of a vehicle after he was discovered with the car in gear and foot on the pedal, though the vehicle was embedded in a snowbank
• when motorist was in driver’s seat of car stuck in a snowbank, in gear with engine running, and other people were attempting to push car out of the snowbank, held to constitute operation of a motor vehicle
• when motorist was in driver's seat of car stuck in a snowbank, in gear with engine running, and other people were attempting to push car out of the snowbank, held to constitute operation of a motor vehicle
• when motorist was in driver’s seat of car stuck in a snowbank, in gear with engine running, and other people were attempting to push car out of the snowbank, held to constitute operation of a motor vehicle
• car immobile in snow bank, engine running
• “[I]t is not necessary that the vehicle itself must be in motion but . . . it is sufficient if the operator is in actual physical control of the movements of either the machinery of the motor vehicle or of the management of the movement of the vehicle itself.”

Source: CourtListener parenthetical corpus (CC0).