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Most importantly, "actual" is defined as "present, " "current, " "existing in fact or reality, " and "in existence or taking place at the time. " NCR Corp. Comptroller, 313 Md. 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. Mr. robinson was quite ill recently got. Superior Court for Greenlee County, 153 Ariz. 119, 735 P. 2d 149, 152 (). 3] We disagree with this construction of "actual physical control, " which we consider overly broad and excessively rigid. 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.

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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. " By using the word "actual, " the legislature implied a current or imminent restraining or directing influence over a vehicle. 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. 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). 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. 2d 701, 703 () (citing State v. Purcell, 336 A. 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. " 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. In Alabama, "actual physical control" was initially defined as "exclusive physical power, and present ability, to operate, move, park, or direct whatever use or non-use is to be made of the motor vehicle at the moment. " See Jackson, 443 U. Mr. robinson was quite ill recently reported. at 319, 99 at 2789, 61 at 573; Tichnell, 287 Md. 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. V. Sandefur, 300 Md. A vehicle that is operable to some extent.

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Other factors may militate against a court's determination on this point, however. 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. 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. " 2d 407, 409 (D. C. 1991) (stating in dictum that "[e]ven a drunk with the ignition keys in his pocket would be deemed sufficiently in control of the vehicle to warrant conviction. City of Cincinnati v. Kelley, 47 Ohio St. 2d 94, 351 N. Mr. robinson was quite ill recently released. E. 2d 85, 87- 88 (1976) (footnote omitted), cert. FN6] Still, some generalizations are valid.

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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. Idaho Code § 18- 8002(7) (1987 & 1991); Matter of Clayton, 113 Idaho 817, 748 P. 2d 401, 403 (1988). 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. 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.

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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.... ". 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. 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. " At least one state, Idaho, has a statutory definition of "actual physical control. "

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We believe that, by using the term "actual physical control, " the legislature intended to differentiate between those inebriated people who represent no threat to the public because they are only using their vehicles as shelters until they are sober enough to drive and those people who represent an imminent threat to the public by reason of their control of a vehicle. 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. Because of the varying tests and the myriad factual permutations, synthesizing or summarizing the opinions of other courts appears futile. 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. 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. 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. The Supreme Court of Ohio, for example, defined "actual physical control" as requiring that "a person be in the driver's seat of a vehicle, behind the steering wheel, in possession of the ignition key, and in such condition that he is physically capable of starting the engine and causing the vehicle to move. " 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. Superior Court for Greenlee County, 153 Ariz. 2d at 152 (citing Zavala, 136 Ariz. 2d at 459).

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. " Statutory language, whether plain or not, must be read in its context. 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. Those were the facts in the Court of Special Appeals' decision in Gore v. State, 74 143, 536 A. More recently, the Alabama Supreme Court abandoned this strict, three-pronged test, adopting instead a "totality of the circumstances test" and reducing the test's three prongs to "factors to be considered. " In sum, the primary focus of the inquiry is whether the person is merely using the vehicle as a stationary shelter or whether it is reasonable to assume that the person will, while under the influence, jeopardize the public by exercising some measure of control over the vehicle. Key v. Town of Kinsey, 424 So. 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. Courts pursuing this deterrence-based policy generally adopt an extremely broad view of "actual physical control. " Richmond v. State, 326 Md. 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. " The question, of course, is "How much broader? 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. Id., 136 Ariz. 2d at 459.

In this instance, the context is the legislature's desire to prevent intoxicated individuals from posing a serious public risk with their vehicles. Petersen v. Department of Public Safety, 373 N. 2d 38, 40 (S. 1985) (Henderson, J., dissenting). 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. ' " State v. Schwalk, 430 N. 2d 317, 319 (N. 1988) (quoting Buck v. North Dakota State Hgwy. 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. 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. Even the presence of such a statutory definition has failed to settle the matter, however.

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. What constitutes "actual physical control" will inevitably depend on the facts of the individual case. Webster's also defines "control" as "to exercise restraining or directing influence over. " Emphasis in original). 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). 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 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. "

Balanced against these facts were the circumstances that the vehicle was legally parked, the ignition was off, and Atkinson was fast asleep. 2d 483, 485-86 (1992). Thus, we must give the word "actual" some significance. 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. " 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. We have no such contrary indications here, so we examine the ordinary meaning of "actual physical control. " 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. Webster's also contrasts "actual" with "potential and possible" as well as with "hypothetical.

Message: How to contact you: You can leave your Email Address/Discord ID, so that the uploader can reply to your message. Hancock has been featured with the Seven Warlords of the Sea in the series of One Piece Seven Warlords Cellphone Strap and in the One Piece Super Deformed Figures. Shakky provided shelter for the three sisters after they escaped from the Celestial Dragon at Mary Geoise and helped of sending them back to Amazon Lily. My wife is actually the empress chapter 1 characters. Original language: Chinese. Read the latest chapter of our series, My Wife Is Actually The Empress?, My Wife Is Actually The Empress?

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Seven Warlords Holographic Battle Theater. Of course, it may also be due to the fact that Jinbe is a member and the current leader of Fisher Tiger's crew, the Sun Pirates. My Wife Is Actually The Empress manhua - My Wife Is Actually The Empress chapter 1. However, Hancock is capable of being reasonable to an extent. Portgas D. Ace was Luffy's brother who she agreed to help rescue out of respect for her newfound love for Luffy. Hancock is the only Warlord of the Sea to not be voted in the 4th Japanese fan poll.

Seven Warlords of the Sea and the Marines vs. Whitebeard Pirates and their allies. 28] What she thinks of Ace is unknown, as he is Luffy's brother (though she was surprised to find out they were not blood-related, [34]) but she did not show much antagonism towards him during their meeting, and she stole the key to his shackles during the war. A newly released isekai martial arts manhua with an actually unique and interesting story. My wife is actually the empress chapter 1.0. During the Marineford War, she had managed to take down several Pacifistas single handedly without much effort, where it took the whole Straw Hat crew (before their two-year training) to take down just one, which left them greatly worn out. Chapter 1 with HD image quality and high loading speed at MangaBuddy. She seems to care about them (due to her love for Luffy), as she willingly protected them from the Marines and helped them set sail to Fish-Man Island. In Chapter 97, Nami can be seen dressing on clothes, one of which is identical to Hancock's prototype design. Originally antagonistic towards him, Hancock saw Luffy as a man who, being immune to her charms despite seeing her naked, could not be allowed to exist.

In Impel Down, she used her charms to convince Magellan to take her down to Level 6 in order to buy Luffy more time, and at Level 6, she used her charms once more to cause a ruckus in order to pass a message to Ace. It is unknown how Hancock feels towards the Straw Hat crew, as Luffy is the captain of the crew. 207 member views, 2. Only she can undo the effects of her power, if she dies, the next user of the Mero Mero no Mi would not be able to free her victims. In the English manga serialization in the American Shonen Jump magazine, Hancock is edited to wear a shirt with her blouse in order to hide her cleavage. My wife is actually the empress novel. The author has also replied to a fan's question asking about Hancock's body measurements are as follows: - Updated measurements were provided in SBS Volume 58, in which Eiichiro Oda responded to a fan question by saying that her height is 191 cm (6'3½"), and according to Oda and Sanji in supplemental material, her three measurements are B111-W61-H91 (43. When he actually said "Thank you" (ありがとう arigatou? I feel like I got plopped right in the middle of a side story in an ecchi battle manga. She is the current empress, known as the "Snake Princess", of Amazon Lily [4] and rules over the Kuja tribe with her two younger Gorgon sisters, Boa Sandersonia and Boa Marigold. Despite the conceit she shows to her enemies and the façade she puts on for her people, she does show genuine care for people close to her. She does, however, become annoyed by Hancock's obsession with Luffy and the misunderstandings and displays to which the obsession leads.

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Another is that she appears to dislike small animals, in which she angrily asks who left the animal in front of where she is walking before kicking it away, no matter how cute it is. Due to the destruction upon Amazon Liliy, Hancock was willing to be the only person to have to leave their home if it meant they could remain safe. 1: Of Course It'S Out Of Five Points~. Small scale rumbling. Despite being freed by Fisher Tiger, Hancock still maintains a large degree of trauma from them, shivering and crying from telling Luffy her tragic past. 1: Then You Will Have To Put In Extra Efforts~. She is glad to see a momentous and positive change in the Empress, understanding that she is pivotal to the prosperity of their people. My Wife Is Actually The Future Tyrant Empress Chapter 1 - Mangakakalot.com. She was shocked to see him unhesitantly picking the latter and, after further testing his character, Hancock agreed to help him get off the island regardless. In One Piece Premier Show 2010, Hancock was kidnapped by Disco and Nepenta to be sold to the World Nobles. Playable Appearances. Hancock has shown to be very sly and crafty when the situation demands it. You don't have anything in histories. Prior to the timeskip, Hancock was bad at cooking, but became skilled in cooking meat which is Luffy's favorite dish over the course of two years.

However, there has been no Kuja who does not love and admire Hancock and agrees with every decision she makes (apart from Elder Nyon and possibly Shakky to an extent). The other group "Manhuaga" is using machine translation and the overall quality isn't nearly as good). Read My Wife Is Actually The Empress? Chapter 1 - Mangadex. Crocodile, Buggy and Mihawk are a part of Cross Guild which they put bounties on marines' heads. She is played by lead actor Ichikawa Ennosuke IV, who also played Luffy and Shanks, in the first production of the show. Hancock's earliest seen design appeared initially on the front cover of a 1999 issue of Shonen Jump and later was reprinted in Color Walk 2.

With the Slave Arrow, she shot down multiple New World Pirates at once, petrifying them in the process. In all her outfits, she has worn a pair of golden earrings that resemble snakes and black high-heeled shoes; her attire is also adorned with the emblem of the Kuja, with the exception of when Hancock fell ill due to her Love Sickness, during which she wore a red blouse. Upon her return to Amazon Lily, she reverted to her original outfit (with the exception of her cape). Hancock vs. Marshall D. Teach. Only the uploaders and mods can see your contact infos. Hancock has a complex relationship with her Kuja subjects, protecting them from the World Government, but refusing to continue protecting them by working with the latter.

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Due to her suffering as a slave and how the first man she ever saw painfully burned her back with her slave mark, Hancock is very discriminating and judgmental towards men. Along with her sisters, on her back is the slave mark of the Celestial Dragon, something that she was so intent on keeping secret and was willing to petrify anyone (other than her sisters and Elder Nyon) who saw it. Her only other piece of clothing is a small loin cloth around her hips. Penthesilea was also a talented archer, which may be a reference to Hancock's usage of her Devil Fruit powers. This similarity relates to her relationship with Luffy, who has the power of rubber. When did this turn into Monty Python's Holy Grail??? If you are a Comics book (Manhua Hot), Manga Zone is your best choice, don't hesitate, just read and feel! She showed no real antagonism upon first meeting him, while Ace questioned why she would want to meet him. Look at manhuas that shit out 100s of chapters in short time. While she used to be employed within the Seven Warlords, her love for Monkey D. Luffy has caused her to turn against the World Government on a number of occasions, thus putting her status as a Warlord in jeopardy. Her ability to seduce men is similar to the sirens, who would seduce and lure sailors to a watery doom; only Sirens used their voice rather than their physical beauty. In fact, ever since Luffy's arrival at Marineford, all Hancock could do was focus her attention on Luffy's well-being, bursting out in anger whenever he was attacked and shivering in fear whenever she could not tell if he was all right. Given the way children are born on their island, in that women who have traveled abroad return pregnant, it is unknown if the three share the same father or are even blood related due to their different appearances, but it is assumed they share the same mother. Is always updated first at Flame Scans.

During her escape from Mary Geoise, she wore rags and her hair was tied in pigtails. A list of series that we have worked on can be found at Flame Scans Series List menu. Van: Come…and suffer for your arrogance. However, she makes it very serious that she would rather die than ever let anyone see her slave mark on her back, fearing she would only bring shame to her people if they ever learned that their empress was a slave of the World Nobles.

She was against being protected and fought on the front lines for weeks with her subjects to protect their home together.

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