No one factor alone will necessarily be dispositive of whether the defendant was in "actual physical control" of the vehicle. 2d 735 (1988), discussed supra, where the court concluded that evidence of the ignition key in the "on" position, the glowing alternator/battery light, the gear selector in "drive, " and the warm engine, sufficiently supported a finding that the defendant had actually driven his car shortly before the officer's arrival. In view of the legal standards we have enunciated and the circumstances of the instant case, we conclude there was a reasonable doubt that Atkinson was in "actual physical control" of his vehicle, an essential element of the crime with which he was charged.
Mr. Robinson Was Quite Ill Recently Met
Comm'r, 425 N. 2d 370 (N. 1988), in turn quoting Martin v. Commissioner of Public Safety, 358 N. 2d 734, 737 ()); see also Berger v. District of Columbia, 597 A. Mr. robinson was quite ill recently died. While the preferred response would be for such people either to find alternate means of getting home or to remain at the tavern or party without getting behind the wheel until sober, this is not always done. The same court later explained that "actual physical control" was "intending to prevent intoxicated drivers from entering their vehicles except as passengers or passive occupants as in Bugger.... " Garcia v. Schwendiman, 645 P. 2d 651, 654 (Utah 1982) (emphasis added). FN6] Still, some generalizations are valid.
Quoting Hughes v. State, 535 P. 2d 1023, 1024 ()) (both cases involved defendant seated behind the steering wheel of vehicle parked partially in the roadway with the key in the ignition). For the intoxicated person caught between using his vehicle for shelter until he is sober or using it to drive home, [prior precedent] encourages him to attempt to quickly drive home, rather than to sleep it off in the car, where he will be a beacon to police. Even the presence of such a statutory definition has failed to settle the matter, however. Mr. robinson was quite ill recently won. As we have already said with respect to the legislature's 1969 addition of "actual physical control" to the statute, we will not read a statute to render any word superfluous or meaningless.
Mr. Robinson Was Quite Ill Recently Died
See Jackson, 443 U. at 319, 99 at 2789, 61 at 573; Tichnell, 287 Md. The court defined "actual physical control" as " 'existing' or 'present bodily restraint, directing influence, domination or regulation, ' " and held that "the defendant at the time of his arrest was not controlling the vehicle, nor was he exercising any dominion over it. " In those rare instances where the facts show that a defendant was furthering the goal of safer highways by voluntarily 'sleeping it off' in his vehicle, and that he had no intent of moving the vehicle, trial courts should be allowed to find that the defendant was not 'in actual physical control' of the vehicle.... ". Active or constructive possession of the vehicle's ignition key by the person charged or, in the alternative, proof that such a key is not required for the vehicle's operation; 2. We believe that, by using the term "actual physical control, " the legislature intended to differentiate between those inebriated people who represent no threat to the public because they are only using their vehicles as shelters until they are sober enough to drive and those people who represent an imminent threat to the public by reason of their control of a vehicle. The Supreme Court of Ohio, for example, defined "actual physical control" as requiring that "a person be in the driver's seat of a vehicle, behind the steering wheel, in possession of the ignition key, and in such condition that he is physically capable of starting the engine and causing the vehicle to move. " When the occupant is totally passive, has not in any way attempted to actively control the vehicle, and there is no reason to believe that the inebriated person is imminently going to control the vehicle in his or her condition, we do not believe that the legislature intended for criminal sanctions to apply.
In these states, the "actual physical control" language is construed as intending "to deter individuals who have been drinking intoxicating liquor from getting into their vehicles, except as passengers. " In sum, the primary focus of the inquiry is whether the person is merely using the vehicle as a stationary shelter or whether it is reasonable to assume that the person will, while under the influence, jeopardize the public by exercising some measure of control over the vehicle. As long as such individuals do not act to endanger themselves or others, they do not present the hazard to which the drunk driving statute is directed. Webster's Third New International Dictionary 1706 (1986) defines "physical" as "relating to the body... often opposed to mental. "
Mr. Robinson Was Quite Ill Recently Won
This view appears to stem from the belief that " '[a]n intoxicated person in a motor vehicle poses a threat to public safety because he "might set out on an inebriated journey at any moment. " The court set out a three-part test for obtaining a conviction: "1. For example, a person asleep on the back seat, under a blanket, might not be found in "actual physical control, " even if the engine is running. And while we can say that such people should have stayed sober or planned better, that does not realistically resolve this all-too-frequent predicament. NCR Corp. Comptroller, 313 Md. V. Sandefur, 300 Md. See, e. g., State v. Woolf, 120 Idaho 21, 813 P. 2d 360, 362 () (court upheld magistrate's determination that defendant was in driver's position when lower half of defendant's body was on the driver's side of the front seat, his upper half resting across the passenger side). Thus, rather than assume that a hazard exists based solely upon the defendant's presence in the vehicle, we believe courts must assess potential danger based upon the circumstances of each case.
Denied, 429 U. S. 1104, 97 1131, 51 554 (1977). Accordingly, the words "actual physical control, " particularly when added by the legislature in the disjunctive, indicate an intent to encompass activity different than, and presumably broader than, driving, operating, or moving the vehicle. Other factors may militate against a court's determination on this point, however. 2d 483, 485-86 (1992). The court concluded that "while the defendant remained behind the wheel of the truck, the pulling off to the side of the road and turning off the ignition indicate that defendant voluntarily ceased to exercise control over the vehicle prior to losing consciousness, " and it reversed his conviction. Indeed, once an individual has started the vehicle, he or she has come as close as possible to actually driving without doing so and will generally be in "actual physical control" of the vehicle. Superior Court for Greenlee County, 153 Ariz. 2d at 152 (citing Zavala, 136 Ariz. 2d at 459).
Mr. Robinson Was Quite Ill Recently Wrote
Id., 25 Utah 2d 404, 483 P. 2d at 443 (citations omitted and emphasis in original). We believe it would be preferable, and in line with legislative intent and social policy, to read more flexibility into [prior precedent]. As for the General Assembly's addition of the term "actual physical control" in 1969, we note that it is a generally accepted principle of statutory construction that a statute is to be read so that no word or phrase is "rendered surplusage, superfluous, meaningless, or nugatory. " Perhaps the strongest factor informing this inquiry is whether there is evidence that the defendant started or attempted to start the vehicle's engine.
Statutory language, whether plain or not, must be read in its context. One can discern a clear view among a few states, for example, that "the purpose of the 'actual physical control' offense is [as] a preventive measure, " State v. Schuler, 243 N. W. 2d 367, 370 (N. D. 1976), and that " 'an intoxicated person seated behind the steering wheel of a motor vehicle is a threat to the safety and welfare of the public. ' State v. Ghylin, 250 N. 2d 252, 255 (N. 1977). It is important to bear in mind that a defendant who is not in "actual physical control" of the vehicle at the time of apprehension will not necessarily escape arrest and prosecution for a drunk driving offense. The danger is less than that involved when the vehicle is actually moving; however, the danger does exist and the degree of danger is only slightly less than when the vehicle is moving. Neither the statute's purpose nor its plain language supports the result that intoxicated persons sitting in their vehicles while in possession of their ignition keys would, regardless of other circumstances, always be subject to criminal penalty. 2d 701, 703 () (citing State v. Purcell, 336 A. Balanced against these facts were the circumstances that the vehicle was legally parked, the ignition was off, and Atkinson was fast asleep.
The question, of course, is "How much broader? Adams v. State, 697 P. 2d 622, 625 (Wyo. Superior Court for Greenlee County, 153 Ariz. 119, 735 P. 2d 149, 152 (). Because of the varying tests and the myriad factual permutations, synthesizing or summarizing the opinions of other courts appears futile.
Although the definition of "driving" is indisputably broadened by the inclusion in § 11-114 of the words "operate, move, or be in actual physical control, " the statute nonetheless relates to driving while intoxicated. What may be an unduly broad extension of this "sleep it off" policy can be found in the Arizona Supreme Court's Zavala v. State, 136 Ariz. 356, 666 P. 2d 456 (1983), which not only encouraged a driver to "sleep it off" before attempting to drive, but also could be read as encouraging drivers already driving to pull over and sleep. Courts pursuing this deterrence-based policy generally adopt an extremely broad view of "actual physical control. " A person may also be convicted under § 21-902 if it can be determined beyond a reasonable doubt that before being apprehended he or she has actually driven, operated, or moved the vehicle while under the influence. In this instance, the context is the legislature's desire to prevent intoxicated individuals from posing a serious public risk with their vehicles. As a practical matter, we recognize that any definition of "actual physical control, " no matter how carefully considered, cannot aspire to cover every one of the many factual variations that one may envision. In Zavala, an officer discovered the defendant sitting unconscious in the driver's seat of his truck, with the key in the ignition, but off. At least one state, Idaho, has a statutory definition of "actual physical control. " In Alabama, "actual physical control" was initially defined as "exclusive physical power, and present ability, to operate, move, park, or direct whatever use or non-use is to be made of the motor vehicle at the moment. " By using the word "actual, " the legislature implied a current or imminent restraining or directing influence over a vehicle. Further, when interpreting a statute, we assume that the words of the statute have their ordinary and natural meaning, absent some indication to the contrary.
In Garcia, the court held that the defendant was in "actual physical control" and not a "passive occupant" when he was apprehended while in the process of turning the key to start the vehicle. Thus, our construction of "actual physical control" as permitting motorists to "sleep it off" should not be misconstrued as encouraging motorists to try their luck on the roadways, knowing they can escape arrest by subsequently placing their vehicles "away from the road pavement, outside regular traffic lanes, and... turn[ing] off the ignition so that the vehicle's engine is not running. " Idaho Code § 18- 8002(7) (1987 & 1991); Matter of Clayton, 113 Idaho 817, 748 P. 2d 401, 403 (1988). 2d 407, 409 (D. C. 1991) (stating in dictum that "[e]ven a drunk with the ignition keys in his pocket would be deemed sufficiently in control of the vehicle to warrant conviction. Webster's also defines "control" as "to exercise restraining or directing influence over. " The policy of allowing an intoxicated individual to "sleep it off" in safety, rather than attempt to drive home, arguably need not encompass the privilege of starting the engine, whether for the sake of running the radio, air conditioning, or heater. In People v. Cummings, 176 293, 125 514, 517, 530 N. 2d 672, 675 (1988), the Illinois Court of Appeals also rejected a reading of "actual physical control" which would have prohibited intoxicated persons from entering their vehicles to "sleep it off. "
They are omnivores and should be fed a variety of foods including high-quality flakes, frozen or freeze-dried foods, and occasional treats. Sort by price: low to high. NAME: Electric Blue Ram. You'll find a variety of fish well suited for any freshwater tank including community aquariums, goldfish aquariums, African cichlid aquariums, and planted aquariums.
Electric Blue Ram Fish For Sale
Sexual Dimorphism||Males with extended rays on the front of the dorsal fin. 8° - 86° F (26° - 30° C), although 82 °+ F (28°+ C) is optimal. Mineral Gray Metallic. More likely to accept brine shrimp, bloodworms, and frozen or live mosquito larvae, and most will eventually eat fish flakes or pellets as well. Hardy with plenty of personality. The eggs are laid on flat surfaces, typically a rock or broad plant leaf. 5 Hardness: 90 – 268 ppm. Electric Blue Pearl, Medium Slate Gray, 5. Breeding Electric Blue Butterfly Ram. Will accept dried foods of a suitable size but should not be fed these exclusively. Cichlids were traditionally classed in a suborder, Labroidei, along with the wrasses, in the order Perciformes but molecular studies have contradicted this grouping. As always, more water means that it will be easier for you to keep the water quality high and stable, and since the electric blue ram is sensitive to organic waste, such as nitrate, it is unwise to skimp on tank size if you manage to get your hands on this rare and expensive fish. We also carry Goldfish for sale, both fancy gold fish and traditional gold fish. Rams are likely the most in-demand right now!
How Much Are Electric Blue Rams
Quality and variety are the keys to a diet that will ensure that this fish maintains optimal health and coloration. They can live in groups of their own species or with other peaceful cichlids, and will form monogamous pairs. We also have Ryukin Goldfish, Black Moor Goldfish, Oranda Goldfish. All pictures shown are for illustration purposes only. 7 Liter, Automatic, 4X4. As I mentioned, electric blue rams are a bit slow-moving and may starve if kept with faster-moving species. Give your electric blue ram plenty of cover, ideally by including aquatic plants. Thank you for your understanding. 1 inch to 1 1/2 inch.
Electric Blue German Ram
Problems with Aquarium Tanks, aquarium filtration, or pumps? Wild Discus From The Amazon. Stocking your tank with a colony ensures a happier life for these fish, especially when breeding them. Ram Chlorides are native to Venezuela and Colombia in South America. Since the electric blue ram is a type of ram cichlid, your safest bet is to provide it with an environment similar to the habitat of its wild ancestors. 1537 N 24th Street, Quincy, IL. We are not currently offereing sexed specimens, but may do so in the future if possible. As mentioned above, blue ram cichlids are often more sensitive than their wild ram cichlid ancestors and may require some extra pampering. Territoriality is typically at its peak during spawning. Electric Blue Ram Cichlid $ 24. If one of your fish has a slightly more elongated dorsal fin, it's probably a male. 2022 CarBuzz Awards. They are peaceful fish, and prefer to be kept in a community tank with other small peaceful fish. We carry moscow guppies, cobra guppies, and even some lyretail guppies.
Electric Blue Ram For Sale In France
Males will grow increasingly aggressive and restless and the females will begin to swell with eggs as they approach the right time. Charming and playful personality. Electric blue rams are hardy and peaceful and brad to create a solid reflective blue body. Only logged in customers who have purchased this product may leave a review. Balloon Electric Blue Ram. Possible to breed in the aquarium. Peruvian Altum Angelfish, Golden Angel Fish, and many more! Go for slow-moving and tranquil species that won't outcompete the rams at mealtimes.
Electric Blue Ram - 2 pack. The Electric Blue Dwarf Rams are the most popular of the Cichlids. Call us at 812-272-8668 × Description Additional information Description Electric Blue Ram Cichlid Additional information Weight 3 lbs Dimensions 3 × 3 × 3 in Category: Dwarf Cichlids Tag: dwarf cichlids Related products -17% Dwarf Cichlids Orange Flash Cacatuoides Dwarf Cichlid $ 29. We also have a great nano tank shop, with lots of nano fish. German bred electric blue rams are relatively easy to care for and require a tank with plenty of hiding places and live plants for them to explore. When aroused, they will exhibit a black spot on the gill cover.
Unsuitable for most community aquaria as it may be intimidated or outcompeted for food by larger or more boisterous tankmates. Care Level: Moderate. 5) and increasing the water temperature a bit—ideally, a rise from the lower end of the recommended temperature range to 82°F. 7L V8 Flex-fuel (FFV) (235hp). Thrives in the planted aquarium. Our African Cichlid fish are some of our personal favorites, due to their coloration.
We have some freshwater Dolphins, rainbow gobies, and even grade AA flowerhorns available to purchase.