424 P.2d 997 (Okla.Crim.App. 1967), 13984, Parker v. State

Docket Nº:13984.
Citation:424 P.2d 997
Party Name:Jacob Ebey PARKER, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.
Case Date:January 18, 1967
Court:Court of Appeals of Oklahoma, Court of Criminal Appeals of Oklahoma

Page 997

424 P.2d 997 (Okla.Crim.App. 1967)

Jacob Ebey PARKER, Plaintiff in Error,

v.

The STATE of Oklahoma, Defendant in Error.

No. 13984.

Court of Criminal Appeals of Oklahoma.

January 18, 1967.

Rehearing Denied March 30, 1967.

Page 998

Syllabus by the Court

1. It is unlawful and punishable by law, for any person who is under the influence of intoxicating liquor to drive, operate, or be in actual physical control of any motor vehicle within this State. 47 O.S.A. § 11--902(a)

2. Actual physical control, as used in Title 47 O.S.A. § 11--902(a), means: existing or present bodily restraint, directing influence, domination or regulation of any automobile, while under the influence of intoxicating liquor.

3. If a person has existing or present bodily restraining, directing influence, domination or regulation of an automobile, while under the influence of intoxicating liquor, he commits an offense within the provisions of the statute.

4. Title 47 O.S.A. § 11--902(a) is constitutional.

5. Title 47 O.S.A. § 11--902(a) defines two distinct offenses: one being, it is unlawful for any person under the influence of intoxicating liquor to drive or operate any motor vehicle within this State; and the other being, it is unlawful for any person who is under the influence of intoxicating liquor to be in actual physical control of any motor vehicle within this State.

6. Mandatory action of revoking driver's license is not part of judgment and sentence, being administrative action provided for in Title 47 O.S.A. § 6--205, and relief therefrom is through civil action.

Appeal from Municipal Criminal Court of City of Tulsa; Luther P. Lane, Judge.

Page 999

Jacob Ebey Parker was convicted of the offence of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor, and appeals. Judgment affirmed.

K. Bill Walker, Tulsa, for plaintiff in error.

Charles Nesbitt, Atty. Gen., Charles L. Owens, Asst. Atty. Gen., for defendant in error.

BRETT, Judge:

Plaintiff in error, hereinafter referred to as defendant, was charged by information in the Municipal Criminal Court of the City of Tulsa, Oklahoma, with the offense of 'actual physical control of a motor vehicle while under the influence of intoxicating liquor'.

The charging portion of the information reads:

'On or about the 14...

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