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Legal Details About Volitional Movement and DUI Charges
DRIVING REQUIRES VOLITIONAL MOVEMENT IN ORDER TO BE CHARGED WITH DUI IN CALIFORNIA
Both of the drunk driving offense statutes (CVC §§ 23152 and 23153), require that a defendant “drive” a motor vehicle. Thus, driving requires volitional movement. But what acts constitute driving? Where the defendant was seen operating a moving automobile on a highway there is almost never any controversy about whether or not he was driving the vehicle. But occasionally the arresting officer hasn’t seen any such acts which are indisputably driving. Instead, he has perhaps found the defendant asleep on the front seat of a vehicle which is legally parked, with the transmission in neutral, the headlights and wipers on, and the engine running.