How cited: State v. Sanchez · Go Syfert

State v. Sanchez (2013)

green · 5 citation events across 2 courts. Showing the 2 strongest citers on record (one row per citing case, strongest signal kept).
green State v. Moler (2021)
Quote Authority · Kan. Ct. App. · signal: see also · 2 citations in this opinion
K.S.A. 2020 Supp. 8-1567(a) defines driving under the influence as "operating or attempting to operate any vehicle within this state . . . ." Our Supreme Court has held that "to operate a vehicle as set forth in [K.S.A.] 8-1567(a) means to drive it" and to convict someone of operating a vehicle under the influence requires "some evidence . . . the defendant drove the vehicle." State v. Kendall, 274 Kan. 1003, 1009 , 58 P.3d 660 (2002); State v. Fish, 228 Kan. 204, 210 , 612 …
"The Kansas Supreme Court has 8 previously determined that 'operate' as used in K.S.A. 8-1567 is synonymous with the word 'drive.'"
Rule Authority
See State v. Rivera, 207 Ariz. 69 , 83 P.3d 69, 74 (App. 2004) (holding a passenger grabbing and turning a steering wheel assumed actual physical control for purposes of DUI statute); State v. Sanchez, 48 Kan.App.2d 608 , 296 P.3d 1133, 1137 (2013) (an intoxicated individual in a motor vehicle can operate or be in actual physical control in violation of DUI statute by grabbing the steering wheel); People v. Yamat, 475 Mich. 49 , 714 N.W.2d 335, 339-40 (2006) (holding that gr…
an intoxicated individual in a motor vehicle can operate or be in actual physical control in violation of DUI statute by grabbing the steering wheel