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KINGSLEY v. STATE

No. A-7288.

11 P.3d 1001 (2000)

Greg E. KINGSLEY, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

November 9, 2000.

Attorney(s) appearing for the Case

Darin B. Goff, Assistant Public Defender, Kenai, and Barbara K. Brink, Public Defender, Anchorage, for Appellant.

Mary S. Pieper, Assistant District Attorney, Dwayne W. McConnell, District Attorney, Kenai, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

The crime defined in AS 28.35.030(a) is usually referred to as "driving while intoxicated". The text of this statute speaks of a person who "operates or drives a motor vehicle". Nevertheless, an intoxicated person can commit this crime without "driving" or "operating" a car in the usual sense. The statute is violated whenever an intoxicated person is in actual physical control of a motor vehicle.1

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