Murray v. State

Facts

On January 16, 2011, between approximately 1:00 a.m. and 2:00 a.m., Deputy James McClanahan saw the defendant’s black truck parked on the side of the road. The vehicle, with its headlights on, was parked partially on an improved shoulder and partially in a driveway near a fireworks stand. As he neared the vehicle, he saw the defendant reclined in the driver’s seat asleep. The engine was running, the truck transmission was in the “park” position, and the radio was on with the volume turned up.

Because of the volume of the radio, McClanahan had to “beat” on the driver’s side window for a few minutes to rouse the defendant. Once awake, the defendant rolled down the window, and Deputy McClanahan immediately smelled alcohol in the truck. He also noted that the defendant appeared very intoxicated, his movements were sluggish, and his speech was impaired. He asked the defendant whether he had been drinking alcohol, and the defendant responded that “he’d had a little.” There was no one else in the defendant’s vehicle or anyone near the area, and no alcoholic substances or containers were found in the vicinity. He failed sobriety field tests and was arrested.

The defendant was convicted of driving while intoxicated. He appealed, arguing that he was not operating the vehicle. The appellate court agreed and reversed, holding that the defendant was simply found asleep in a running truck while parked off the roadway, and there is no evidence as to when or whether the person was inebriated at the time the truck arrived there.