Personally, I think it’s a better question for a jury than it is for a judge to make that decision. For example, in that scenario, because you’ve moved away from the controls and you’re in the backseat, is that a question that a jury can decide in your favor? What if the keys are not in the ignition and they’re in your pocket? You keep moving from those controls. But clearly you are likely gonna be cited for a DUI under those circumstances.

There are cases recently where an individual was outside of his vehicle, ready to step into the vehicle, had his – he’s behind the wheel and had his keys in his hand. He saw the police officer, threw the keys across to his wife, and the court determined him not to be in physical control under that circumstance. The physical control question, in my opinion, is a case that should be decided by a jury rather than a judge, and for any lawyers that are potentially watching this, I would highly suggest that you take on the case in that manner.