Lynn Melrose wrote in
:



...
"Here, the defendant was also found asleep in the driver’s seat of a
car in a parking lot with the engine running. Moreover, the defendant
testified at trial that he unlocked the door, sat in the driver’s
seat, pushed the clutch in, moved the gear selector to neutral,
started the engine and turned on the heater. Given these facts and the
reasonable inferences therefrom, a rational trier of fact could find
beyond a reasonable doubt that the defendant was in actual physical
control of the car before he fell asleep. See Willard, 139 N.H. at
571." _______

OK, now THAT's outrageous!

--
ET


"A common mistake people make when trying to design something
completely foolproof is to underestimate the ingenuity of complete
fools."---- Douglas Adams