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State v. Love

Citations

  • 897 P.2d 626
  • 182 Ariz. 324
  • 193 Ariz. Adv. Rep. 17
  • 1995 Ariz. LEXIS 53

How courts have described this case

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

  • recognizing “obvious statutoiy aim of enabling the drunken driver to be apprehended before he maims or kills himself or someone else” [emphasis added; internal quotation marks omitted]
  • noting that \actual physical control\ does not require \the apparent ability to start and move a vehicle\
  • stating factors to be considered include whether engine running, ignition turned on, and where key is located
  • recognizing legislative goal to prevent threat of harm to public
  • rejecting suggestion that cases should turn on whether engine is running and vehicle is pulled entirely off the road
  • factfinder should “weigh the myriad of circumstances” in each case to determine whether defendant “presented a danger to himself or others”

Source: CourtListener parenthetical corpus (CC0).

Judges: Zlaket, Moeller, Feldman, Martone, Corcoran

Read full opinion on CourtListener

Cited by

16 cases in this archive cite this case.

Cites

10 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.