MT · jury_instructions
Mont. Crim. Jury Instr. 10-106 (2022)
Definition of "Actual Physical Control"
The Defendant is in actual physical control of a motor vehicle if the Defendant is not a passenger and is in a position to, and has the ability to, operate the vehicle in question. [A motorist does not relinquish control over a vehicle simply because it is incapable of (starting) (moving).]
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2009
- Content hash
7ea9841d22f95457311a52d957c0e53ffd633afb669dec45efed9341b4e80442
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