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State v. Taft
Supreme Court of Appeals of West Virginia
102 S.E.2d 152 (1958)
- Written by Craig Conway, LLM
Facts
Taft (defendant) was sitting in his parked car waiting for another person when the car’s brakes accidentally released and the car drifted about three feet into the rear end of another car. Taft was charged with driving under the influence. At trial, the foreman requested the trial court to answer “[I]s there a legal definition for what constitutes driving a car?” The trial court, over Taft’s objection, responded that the term “driving” was defined as requiring that a vehicle be in motion in order for the offense to be committed. Taft was convicted and he appealed.
Rule of Law
Issue
Holding and Reasoning (Given, J.)
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