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Superior Court for Greenlee County, 153 Ariz. 2d at 152 (citing Zavala, 136 Ariz. 2d at 459). 2d 1144, 1147 (Ala. 1986). 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. " 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. Mr. robinson was quite ill recently read. " See generally Annotation, What Constitutes Driving, Operating, or Being in Control of Motor Vehicle for Purposes of Driving While Intoxicated Statute or Ordinance, 93 A. L. R. 3d 7 (1979 & 1992 Supp. 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. "

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What may be an unduly broad extension of this "sleep it off" policy can be found in the Arizona Supreme Court's Zavala v. State, 136 Ariz. 356, 666 P. 2d 456 (1983), which not only encouraged a driver to "sleep it off" before attempting to drive, but also could be read as encouraging drivers already driving to pull over and sleep. Quoting Hughes v. State, 535 P. 2d 1023, 1024 ()) (both cases involved defendant seated behind the steering wheel of vehicle parked partially in the roadway with the key in the ignition). By using the word "actual, " the legislature implied a current or imminent restraining or directing influence over a vehicle. We have no such contrary indications here, so we examine the ordinary meaning of "actual physical control. " 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. The question, of course, is "How much broader? Perhaps the strongest factor informing this inquiry is whether there is evidence that the defendant started or attempted to start the vehicle's engine. Mr. robinson was quite ill recently announced. 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. " 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. Id., 25 Utah 2d 404, 483 P. 2d at 443 (citations omitted and emphasis in original). 2d 483, 485-86 (1992).

Petersen v. Department of Public Safety, 373 N. 2d 38, 40 (S. 1985) (Henderson, J., dissenting). Those were the facts in the Court of Special Appeals' decision in Gore v. State, 74 143, 536 A. 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. Mr. robinson was quite ill recently online. 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. Superior Court for Greenlee County, 153 Ariz. 119, 735 P. 2d 149, 152 (). 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. 2d 701, 703 () (citing State v. Purcell, 336 A.

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Management Personnel Servs. We believe it would be preferable, and in line with legislative intent and social policy, to read more flexibility into [prior precedent]. Webster's also defines "control" as "to exercise restraining or directing influence over. " 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. Cagle v. City of Gadsden, 495 So. 3] We disagree with this construction of "actual physical control, " which we consider overly broad and excessively rigid. The policy of allowing an intoxicated individual to "sleep it off" in safety, rather than attempt to drive home, arguably need not encompass the privilege of starting the engine, whether for the sake of running the radio, air conditioning, or heater. The danger is less than that involved when the vehicle is actually moving; however, the danger does exist and the degree of danger is only slightly less than when the vehicle is moving. 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. 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. ' In People v. Cummings, 176 293, 125 514, 517, 530 N. 2d 672, 675 (1988), the Illinois Court of Appeals also rejected a reading of "actual physical control" which would have prohibited intoxicated persons from entering their vehicles to "sleep it off. "

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. Key v. Town of Kinsey, 424 So. 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. 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. 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). The engine was off, although there was no indication as to whether the keys were in the ignition or not. 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. 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. " Courts pursuing this deterrence-based policy generally adopt an extremely broad view of "actual physical control. " Id., 136 Ariz. 2d at 459. 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. The court set out a three-part test for obtaining a conviction: "1.

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City of Cincinnati v. Kelley, 47 Ohio St. 2d 94, 351 N. E. 2d 85, 87- 88 (1976) (footnote omitted), cert. No one factor alone will necessarily be dispositive of whether the defendant was in "actual physical control" of the vehicle. In view of the legal standards we have enunciated and the circumstances of the instant case, we conclude there was a reasonable doubt that Atkinson was in "actual physical control" of his vehicle, an essential element of the crime with which he was charged. Other factors may militate against a court's determination on this point, however. 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. " Webster's Third New International Dictionary 1706 (1986) defines "physical" as "relating to the body... often opposed to mental. " 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. 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. 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. We believe no such crime exists in Maryland.

2d 735 (1988), discussed supra, where the court concluded that evidence of the ignition key in the "on" position, the glowing alternator/battery light, the gear selector in "drive, " and the warm engine, sufficiently supported a finding that the defendant had actually driven his car shortly before the officer's arrival. State v. Ghylin, 250 N. 2d 252, 255 (N. 1977). Denied, 429 U. S. 1104, 97 1131, 51 554 (1977). The court defined "actual physical control" as " 'existing' or 'present bodily restraint, directing influence, domination or regulation, ' " and held that "the defendant at the time of his arrest was not controlling the vehicle, nor was he exercising any dominion over it. "

MENU: A display (in libraries, computerized) where the user is offered a number of options from which to choose. Grateful acknowledgment is made to New York University's Bobst Library, from which some of these definitions have been adapted. Documents on British Policy Overseas This link opens in a new window. When a work is in multiple volumes, the library data usually just records the number of volumes (e. 3 v. Glossary of Library Terms - How to Do Library Research - Research Guides at Colorado State University Fort Collins. ) and not the number of pages or pagination of each volume. It identifies a name authority cluster created by VIAF, which eventually leads to a resource standing for the person itself (). SUBJECT HEADING SUBDIVISION: A term or phrase used to make subject headings more specific. Online catalogues, also known as digital catalogs or B2B ecommerce catalogs, are extensive electronic catalogues hosted on a company's website that showcase all the products sellers sell and enable buyers to purchase them. Sometimes this is found at the end of a book or an article. The microforms are now located in the library's Remote Storage. CITATIONS to periodicals use the term in the numerical sense to indicate issues published during a given year.

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The Branch Libraries of The New York Public Library are lending libraries where you can take books and other materials out. Similarly, VIAF defines elements to describe authorities (corporations, people). Biography - A written account of a person's life. When librarians speak in three-digit numbers, they are using the names of MARC fields for the data in library records. A library's online catalog is a computerized index of A. books found within the library. B. library - Brainly.com. What light color passes through the atmosphere and refracts toward... Weegy: Red light color passes through the atmosphere and refracts toward the moon. A Basic Search, an Advance Search, and a Browse are available. Interlibrary Loan - A service that allows students, faculty, and staff to access materials which are not owned by the USC Upstate Library by borrowing the original or a copy from another library.

BIBLIOGRAPHY: A list of books or articles on a specific subject. Online Searching - Performing a search of online databases. Expression follows directly under "work", and, in the case of texts, is the work as it is expressed in some language. City manager form C. Commission form D. Mayor-council form. Frequently it is used to denote the record of volumes and issues of serials owned by a library. In these cases, one must use the microfilm reel referred to in the entry by reel and position number. LIBRARY OF CONGRESS SUBJECT HEADINGS: The Library of Congress is the authority for subject headings used in CATNYP. The inner forms of a catalogue can be grouped into three categories. CALL SLIP: A request slip you fill out with information from the catalog to enable library staff to obtain your material. A libraries online catalog is a computerized index of pictures. The Circulation Desk and the Reserve Desk are located in the lobby.

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Also refers to computer accessories or devices that are not connected to or installed in the central processing unit (CPU), or are connected but not turned on or in "ready" mode. The dictionary catalog is a catalog where all entries (author, title, subject, series) are arranged alphabetically. A library's online catalog is a computerized index of archives. N" when searching a title should find all titles that have the words "women" or "woman" in them. Some common fields are: * 100 the author field * 245 the title field * 260 the publisher, place of publication, and date * 300 the pagination, size, etc. The one major exception to this is that in ERIC (an INDEX of educational sources), the accession number for Resources in Education (RIE) documents (these begin with "ED") is used to locate non-book documents in the ERIC MICROFICHE cabinets. What statement best describes an independent variable?

Electronic Reserves are an example of a PDF file. SELECTIVE COVERAGE; NOT COMPLETE. For clarity and ease of reading we consistently use the following three terms to describe the types of standards. Library records consist of statements about things, where each statement consists of an element ("attribute" or "relationship") of the entity, and a "value" for that element.

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The "GMD" is a general statement about the physical type of resource and appears in square brackets after the title, e. g. : Title: 12 Angry Men [videorecording]. A dataset is a collection of structured metadata -- descriptions of things, such as books in a library. Computerized Indexing and Full-Text Information - Finding British Parliamentary Papers in the M.S.U. Libraries, Collections Guide No. 6 (Advanced) - LibGuides at Michigan State University Libraries. Subheading - A subdivision of a more general subject heading. Bibliography - A list of documents (books, articles, reports, etc. ) If the remote access is from a computer on campus (Library, labs, or dorms etc. Its purpose is to verify that you are indeed a legitimate JSU user. The item concept is important because it is the level at which libraries do inventory, report counts of the library's holdings and yearly increases in holdings, and do lending.

Withdraw - The process of removing items from the collection because they are outdated, duplicates, or in very poor physical condition. JOURNAL: A magazine which is usually considered more scholarly than a popular magazine. The database contains copies of over 5, 500 primary source documents from the British government. A library's online catalog is a computerized index of cree mythology. The House of Lords' page leads to their debates from July, 1996, some select committee reports, and House of Lords' judgments since Nov., 1996. This varies with different types of materials. There are browse indexes for authors' names, titles, and subject headings.

A Library's Online Catalog Is A Computerized Index Of Archives

In library records, pagination consists of the paging pattern (Roman numerals, Arabic numerals, etc. ) Request InterLibrary Loan materials. For a book, a citation should include the author, the title, the place of publication, the publisher, and the year of publication. In the Dictionary Catalog, the "main entry" is usually under the author. Multimedia - Films, videocassettes, CDs, etc. A new printing that is identical to an original. Full Text - The entire content of an item, usually also including an abstract and citation. There are four types: topical (Invalids Recreation), form (Cats Periodicals), time period (Mathematics 1961-) and local (Geology Delaware). Traditional B2B catalogs are printed pieces that group products together and hope that the recipient will purchase at least one of them. The call number is what you see on the spine of the book that tells you where the book can be found on the library shelves. To do that, you visit the old cities of Boston, Massachusetts; New Haven, Connecticut; and Providence, Rhode Island. The term includes periodicals such as MAGAZINEs, newspapers, JOURNALs, and annuals. Usually shelved in a separate area in a library. This card served as the control card for the item; if the item were withdrawn from the library, this card would list all of the cards that would need to be removed from the catalog, so that the librarian could "trace" them through the catalog.

Search Engine - Software program that searches a database of Internet sites compiled by a robot or, as in the case of a directory, individually selected. Also called a trade journal or trade paper. And terms of availability (price). BIBLIOGRAPHIC INSTRUCTION (BI): Instructional programs designed to teach library users how to locate the information they need quickly and effectively. A hold is then placed on this item and upon its return, it is reserved for the person requesting it. In the case of conference proceedings, the conference itself is listed as the author in library bibliographic records. Metadata element set or element set. In libraries, books and other materials are assigned one or more subject headings to help users find information.

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