Facts: GM found in the driver’s seat of a vehicle parked on the side of the road. Beer cans were scattered outside the vehicle. The vehicle was in PARK and the keys were in the ignition. GM showed signs of intoxication. It was argued on the oral appeal that GM had left a relative’s house after an argument and was planning on sleeping in the car until morning. He admitted to drinking beer in the car. Decision: SMV not satisfied that GM was a “driver” or had “care and control” of the vehicle within the meaning of section 215.41(1) of the Motor Vehicle Act. Driving prohibition revoked, no fine imposed, all towing and impound fees paid by the SMV. (August 2013)
