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Perhaps the strongest factor informing this inquiry is whether there is evidence that the defendant started or attempted to start the vehicle's engine. Webster's Third New International Dictionary 1706 (1986) defines "physical" as "relating to the body... often opposed to mental. " The court set out a three-part test for obtaining a conviction: "1.

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In Garcia, the court held that the defendant was in "actual physical control" and not a "passive occupant" when he was apprehended while in the process of turning the key to start the vehicle. In the words of a dissenting South Dakota judge, this construction effectively creates a new crime, "Parked While Intoxicated. " Superior Court for Greenlee County, 153 Ariz. 119, 735 P. 2d 149, 152 (). As a practical matter, we recognize that any definition of "actual physical control, " no matter how carefully considered, cannot aspire to cover every one of the many factual variations that one may envision. 2d 1144, 1147 (Ala. Mr. robinson was quite ill recently got. 1986). The inquiry must always take into account a number of factors, however, including the following: 1) whether or not the vehicle's engine is running, or the ignition on; 2) where and in what position the person is found in the vehicle; 3) whether the person is awake or asleep; 4) where the vehicle's ignition key is located; 5) whether the vehicle's headlights are on; 6) whether the vehicle is located in the roadway or is legally parked. Denied, 429 U. S. 1104, 97 1131, 51 554 (1977). While we wish to discourage intoxicated individuals from first testing their drunk driving skills before deciding to pull over, this should not prevent us from allowing people too drunk to drive, and prudent enough not to try, to seek shelter in their cars within the parameters we have described above. Position of the person charged in the driver's seat, behind the steering wheel, and in such condition that, except for the intoxication, he or she is physically capable of starting the engine and causing the vehicle to move; 3. Emphasis in original).

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What constitutes "actual physical control" will inevitably depend on the facts of the individual case. Thus, rather than assume that a hazard exists based solely upon the defendant's presence in the vehicle, we believe courts must assess potential danger based upon the circumstances of each case. Most importantly, "actual" is defined as "present, " "current, " "existing in fact or reality, " and "in existence or taking place at the time. " The court concluded that "while the defendant remained behind the wheel of the truck, the pulling off to the side of the road and turning off the ignition indicate that defendant voluntarily ceased to exercise control over the vehicle prior to losing consciousness, " and it reversed his conviction. At least one state, Idaho, has a statutory definition of "actual physical control. " This view appears to stem from the belief that " '[a]n intoxicated person in a motor vehicle poses a threat to public safety because he "might set out on an inebriated journey at any moment. " NCR Corp. Comptroller, 313 Md. Accordingly, a person is in "actual physical control" if the person is presently exercising or is imminently likely to exercise "restraining or directing influence" over a motor vehicle while in an intoxicated condition. In this instance, the context is the legislature's desire to prevent intoxicated individuals from posing a serious public risk with their vehicles. Rather, each must be considered with an eye towards whether there is in fact present or imminent exercise of control over the vehicle or, instead, whether the vehicle is merely being used as a stationary shelter. One can discern a clear view among a few states, for example, that "the purpose of the 'actual physical control' offense is [as] a preventive measure, " State v. Schuler, 243 N. W. 2d 367, 370 (N. D. 1976), and that " 'an intoxicated person seated behind the steering wheel of a motor vehicle is a threat to the safety and welfare of the public. ' Petersen v. Mr. robinson was quite ill recently died. Department of Public Safety, 373 N. 2d 38, 40 (S. 1985) (Henderson, J., dissenting).

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We do not believe the legislature meant to forbid those intoxicated individuals who emerge from a tavern at closing time on a cold winter night from merely entering their vehicles to seek shelter while they sleep off the effects of alcohol. See, e. g., State v. Woolf, 120 Idaho 21, 813 P. 2d 360, 362 () (court upheld magistrate's determination that defendant was in driver's position when lower half of defendant's body was on the driver's side of the front seat, his upper half resting across the passenger side). It is important to bear in mind that a defendant who is not in "actual physical control" of the vehicle at the time of apprehension will not necessarily escape arrest and prosecution for a drunk driving offense. 2d 483, 485-86 (1992). No one factor alone will necessarily be dispositive of whether the defendant was in "actual physical control" of the vehicle. Management Personnel Servs. By using the word "actual, " the legislature implied a current or imminent restraining or directing influence over a vehicle. Id., 25 Utah 2d 404, 483 P. 2d at 443 (citations omitted and emphasis in original). We have no such contrary indications here, so we examine the ordinary meaning of "actual physical control. Mr. robinson was quite ill recently published. " This view, at least insofar as it excuses a drunk driver who was already driving but who subsequently relinquishes control, might be subject to criticism as encouraging drunk drivers to test their skills by attempting first to drive before concluding that they had better not.

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We believe that the General Assembly, particularly by including the word "actual" in the term "actual physical control, " meant something more than merely sleeping in a legally parked vehicle with the ignition off. As long as a person is physically or bodily able to assert dominion in the sense of movement by starting the car and driving away, then he has substantially as much control over the vehicle as he would if he were actually driving it. For example, on facts much akin to those of the instant case, the Supreme Court of Wyoming held that a defendant who was found unconscious in his vehicle parked some twenty feet off the highway with the engine off, the lights off, and the key in the ignition but off, was in "actual physical control" of the vehicle. Thus, our construction of "actual physical control" as permitting motorists to "sleep it off" should not be misconstrued as encouraging motorists to try their luck on the roadways, knowing they can escape arrest by subsequently placing their vehicles "away from the road pavement, outside regular traffic lanes, and... turn[ing] off the ignition so that the vehicle's engine is not running. " Although the definition of "driving" is indisputably broadened by the inclusion in § 11-114 of the words "operate, move, or be in actual physical control, " the statute nonetheless relates to driving while intoxicated. For example, a person asleep on the back seat, under a blanket, might not be found in "actual physical control, " even if the engine is running. A person may also be convicted under § 21-902 if it can be determined beyond a reasonable doubt that before being apprehended he or she has actually driven, operated, or moved the vehicle while under the influence. Further, when interpreting a statute, we assume that the words of the statute have their ordinary and natural meaning, absent some indication to the contrary. Balanced against these facts were the circumstances that the vehicle was legally parked, the ignition was off, and Atkinson was fast asleep. While the preferred response would be for such people either to find alternate means of getting home or to remain at the tavern or party without getting behind the wheel until sober, this is not always done. Active or constructive possession of the vehicle's ignition key by the person charged or, in the alternative, proof that such a key is not required for the vehicle's operation; 2. The Arizona Court of Appeals has since clarified Zavala by establishing a two-part test for relinquishing "actual physical control"--a driver must "place his vehicle away from the road pavement, outside regular traffic lanes, and... turn off the ignition so that the vehicle's engine is not running. In Zavala, an officer discovered the defendant sitting unconscious in the driver's seat of his truck, with the key in the ignition, but off. We therefore join other courts which have rejected an inflexible test that would make criminals of all people who sit intoxicated in a vehicle while in possession of the vehicle's ignition keys, without regard to the surrounding circumstances.

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When the occupant is totally passive, has not in any way attempted to actively control the vehicle, and there is no reason to believe that the inebriated person is imminently going to control the vehicle in his or her condition, we do not believe that the legislature intended for criminal sanctions to apply. As long as such individuals do not act to endanger themselves or others, they do not present the hazard to which the drunk driving statute is directed. The court said: "An intoxicated person seated behind the steering wheel of an automobile is a threat to the safety and welfare of the public. State v. Ghylin, 250 N. 2d 252, 255 (N. 1977). Richmond v. State, 326 Md. The question, of course, is "How much broader?

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In these states, the "actual physical control" language is construed as intending "to deter individuals who have been drinking intoxicating liquor from getting into their vehicles, except as passengers. " Other factors may militate against a court's determination on this point, however. Indeed, once an individual has started the vehicle, he or she has come as close as possible to actually driving without doing so and will generally be in "actual physical control" of the vehicle. The engine was off, although there was no indication as to whether the keys were in the ignition or not.

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For the intoxicated person caught between using his vehicle for shelter until he is sober or using it to drive home, [prior precedent] encourages him to attempt to quickly drive home, rather than to sleep it off in the car, where he will be a beacon to police. Cagle v. City of Gadsden, 495 So. The same court later explained that "actual physical control" was "intending to prevent intoxicated drivers from entering their vehicles except as passengers or passive occupants as in Bugger.... " Garcia v. Schwendiman, 645 P. 2d 651, 654 (Utah 1982) (emphasis added). See Jackson, 443 U. at 319, 99 at 2789, 61 at 573; Tichnell, 287 Md. Statutory language, whether plain or not, must be read in its context. Many of our sister courts have struggled with determining the exact breadth of conduct described by "actual physical control" of a motor vehicle, reaching varied results. Comm'r, 425 N. 2d 370 (N. 1988), in turn quoting Martin v. Commissioner of Public Safety, 358 N. 2d 734, 737 ()); see also Berger v. District of Columbia, 597 A.

V. Sandefur, 300 Md. Neither the statute's purpose nor its plain language supports the result that intoxicated persons sitting in their vehicles while in possession of their ignition keys would, regardless of other circumstances, always be subject to criminal penalty. ' " State v. Schwalk, 430 N. 2d 317, 319 (N. 1988) (quoting Buck v. North Dakota State Hgwy. While the Idaho statute is quite clear that the vehicle's engine must be running to establish "actual physical control, " that state's courts have nonetheless found it necessary to address the meaning of "being in the driver's position. " Accordingly, the words "actual physical control, " particularly when added by the legislature in the disjunctive, indicate an intent to encompass activity different than, and presumably broader than, driving, operating, or moving the vehicle. In those rare instances where the facts show that a defendant was furthering the goal of safer highways by voluntarily 'sleeping it off' in his vehicle, and that he had no intent of moving the vehicle, trial courts should be allowed to find that the defendant was not 'in actual physical control' of the vehicle.... ". Courts must in each case examine what the evidence showed the defendant was doing or had done, and whether these actions posed an imminent threat to the public. The location of the vehicle can be a determinative factor in the inquiry because a person whose vehicle is parked illegally or stopped in the roadway is obligated by law to move the vehicle, and because of this obligation could more readily be deemed in "actual physical control" than a person lawfully parked on the shoulder or on his or her own property. Webster's also defines "control" as "to exercise restraining or directing influence over. " The court said: "We can expect that most people realize, as they leave a tavern or party intoxicated, that they face serious sanctions if they drive.

In the instant case, stipulations that Atkinson was in the driver's seat and the keys were in the ignition were strong factors indicating he was in "actual physical control. " Webster's also contrasts "actual" with "potential and possible" as well as with "hypothetical. As for the General Assembly's addition of the term "actual physical control" in 1969, we note that it is a generally accepted principle of statutory construction that a statute is to be read so that no word or phrase is "rendered surplusage, superfluous, meaningless, or nugatory. " 3] We disagree with this construction of "actual physical control, " which we consider overly broad and excessively rigid. The court reached this conclusion based on its belief that "it is reasonable to allow a driver, when he believes his driving is impaired, to pull completely off the highway, turn the key off and sleep until he is sober, without fear of being arrested for being in control. " Courts pursuing this deterrence-based policy generally adopt an extremely broad view of "actual physical control. "

The 1/4" cables i have are mostly long guitar cords. Line Input VS Line Output. We have already discussed the functions of Pre-Out and Line-Out. These levels can be low or high and the inputs are designed to 'anticipate' a certain level of currents. Adjust your Mac's settings. Line out and Headphone out are pretty similar when it comes to looks but are different when it comes to sending out output signals. This allows a line level output such as an aux level output from a mixer or playback device, to be connected to a microphone input on another mixer or recorder. For this reason, newer audio players include an input labeled phono. As record players have had a surge of popularity, many companies have begun to manufacture them again. This can be counter-effected by the following: * Headphones are low-impedance (100 ohm) while lines are high-impedance (10K ohm. ) The other option is to either buy stereo adaptors or new cables but cash is tight, or make some cables (i'm considering this). This makes sure there will be a direct connection to the subwoofer's line in ports.

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An audio mixer lets you adjust the sound properties for better quality. While using special speaker channels, added speakers help to improve the sound quality. With the right connections, the internal amplifier receives the Pre-Out signals. Can anyone explain why? For ease of understanding, your computer's line in jack is where you connect your guitar, keyboard, microphone, and other musical instruments, as well as other external devices. This system has a piano gloss finish and chrome accents. A line output emits line-level audio signals. I also have WaveLab Lite, i took a quick look at it and it seems it will work well for analizing signals, didn't even think about it until your test suggestions. If the end that blows, blows too hard or too weak for the end that does the sucking, you're not going to get a good result. Many audio engineers like the Line output type port because you can plug a keyboard or bass' Line out into the mixer input and apply other signal processing procedures you want, such as using EQ, compression, and many more, to make the sound quality better. Anything else (eg headphones into focusrite, monitor speakers from keyboard, or montior speakers from focusrite - the sound is not even third rate. But preamplifiers and mic-to-line amplifiers do the job just as well and are available as single-channel or multi-channel devices. Mic in is a type of input that connects wired and wireless microphones.

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Mic inputs use a female XLR connector. The Shure A15LA 50 dB attenuator reduces the level of an audio signal by 50dB. It is also easy to connect the outputs of the speakers to the amplifier. The term "line" is derived from "telephone line. " The other two types of audio signals you'll run into are instrument and speaker levels. The common misunderstanding between Line and Phono confuses both new turntable users as well as experienced ones. You can get all this information from the product manual and ensure that you connect everything right. Lastly, you can also employ a short reverb and delay to make the vocals in a song sound clearer.

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A pre-out sends audio signals to external amplifiers before the stage of amplification. The receiver can provide variable signals during audio processing and acts as a pre-amp. Whether you're using a PC or a Mac, there are a few different things you can do to make dual listening possible with speakers and headphones. We hope this article has been of help in your decision-making! Phono signals need to be boosted between 50 and 1000 times to be at an acceptable level of line signal. They are equipped with more power to drive headphones, external speakers, amplifiers, and other outputs. It can have an impedance between 4 Ohms and 600 Ohms, so it may be compatible with some types of speaker systems but not others. A mic-in is the input designed to handle the mic-level signal intensity (from a microphone) and line-in is designed to handle line level intensity. Can You Plug Headphones into Line Out? However, when headphones are connected, these functions affect the sound from the external speaker connected to the AUX OUT jacks or the sound for Audio recording (page 61), and may result in those sounds sounding unusual. Accessories and Connectors.

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You can use mic in for microphone inputs, and line-level signals for other equipment, including consumer electronics and professional musical instruments. Furthermore, some headphone amp products are made stronger than usual to produce a higher voltage. I remember that there's a menu-system setting that changes that. If there is one at all, it will be so quiet that it will be difficult to hear. If this doesn't work, you can use a third-party audio mixer software to send sound to multiple devices.

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Aux inputs can be found on consumer products like Bluetooth speakers and home theater systems. Always note that when you connect Pre-Out with the subwoofer, the main woofers will have a reduced burden. It's crucial to match a device to the correct input, since there's no real technical tolerance for mistakes. Say 80% volume will match a line level signal? Press the [FUNCTION] button repeatedly to call up the "System" menu display: "Sound" → "Binaural" (page 99). If you'd rather leave your settings alone, you can use an audio splitter instead. Stereo Receiver with Bluetooth. When the pre-amplification is not good which means the receiver's inbuilt amp is not doing a good job, you will need an external amplifier. Another possible issue is that you hear and like the binaural audio when you use headphones, and when you DON'T use headphones (either playing via speakers, or line-out to external monitors), you're hearing a completely different, non-binaural sample. Premium software requires a purchase. We answer all of your questions here! Mic ins contain only one socket and need an XLR or quarter-inch jack cable to connect. Inputs and outputs on some higher-end mixers are mics and line-level switchable.

However, mic inputs enhance quiet sounds because they have a significantly higher gain capability than line ins. They are instrument level. The quality of the preamps can range from bad to good, but there is usually an option to turn off or bypass any preamp built into a turntable. Types of Audio Signals. That's why Phono level audio sounds much quieter. On a turntable or other modern-day audio device, this is not enough signal to play the sound audibly. Within this page, we'll the differences between the two inputs and why or how you might use one plug over the other. Configure and optimize you computer for Audio. They can be optimized more quickly, and since their signal strength is less than that of the headphone outs, they are less likely to get degraded. It needs an external amp. I've got a few hardware synths that i'm setting up in a semi-permanent fashion in my studio. Listen with more than two devices at the same time. But, hey, that was clever!

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