Operating or Not Operating a Motor Vehicle?

W5 Assignment #1 Operating or Not Operating a Motor Vehicle?

Locate the case Village of Cross Plains v. Haanstad, 709 N.W.2d 447 (Wis. 2006) on the Internet.  Review the Court’s analysis before addressing the hypothetical below. 

Sleeping while intoxicated behind the wheel of a car, with the motor running, is usually enough for a conviction under a DUI statute.  Can a defendant be convicted of operating a motor vehicle while intoxicated, where she only slid into the driver’s seat, but did not touch any of the vehicle’s controls?  Provide a legal analysis of your decision.  

Instructions

*  Your paper should be a minimum of 3 full pages in length;

*  1-inch margins;

*  Double-spaced;

*  12 point font in Arial, Helvetica, or Times New Roman;

*  Include a Cover Sheet and a References page;

*  APA formatted citations.