Lewis v. State
Mississippi Court of Appeals
831 So. 2d 553 (2002)
- Written by Kaitlin Pomeroy-Murphy, JD
Facts
On March 19, 2002, a police officer approached a car parked in the left lane of a highway. Norman Lewis (defendant) was seated in the driver’s seat, and was alone in the vehicle. Lewis told the officer that he was out of gas. The officer asked Lewis to put the car in neutral so he could attempt to push it off the road. Unable to move the car, the officer approached Lewis. He smelled alcohol and observed that Lewis was showing signs of intoxication. The engine was off, but the keys were in the ignition. The officer performed a sobriety test on Lewis, and ultimately arrested him for driving under the influence. A blood sample taken from Lewis showed his blood alcohol content was 0.30 percent. Lewis maintained that his friend, Willie Brooks, drove the vehicle but left to find gas once the car ran out. During trial, the jury was instructed that a person can operate a vehicle without driving if they are behind the wheel and “in full control of the motor vehicle.” Lewis was convicted of driving under the influence, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Southwick, J.)
Dissent (Myers, J.)
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