6
Some parked car cases could mean the person was driving
• Parked vehicle. The corpus delicti for a DUI offense was
established when the officers found the vehicle parked with its
front tire missing and raised on a handjack, and the defendant had
the keys to the vehicle and lug nuts in his pocket. See People v
Scott (1999) 76 CA4th 411, 417–418, 90 CR2d 435. See also
People v Komatsu (1989) 212 CA3d Supp 1, 5, 261 CR 681
(corpus delicti was established when officers discovered that
vehicle was blocking roadway, parking lights of vehicle were on,
defendant was only person in vicinity of vehicle and was
intoxicated, and defendant was sleeping in front passenger’s seat
holding car keys).
7
Music is the key case in helping defendants prevail in parked car cases
But again see Music v Department of Motor Vehiclesz'
(1990) 221 CA3d 841, 850, 270 CR 692 (warrantless arrest of
defendant was illegal because defendant did not move vehicle in
officer’s presence; arrest occurred when officer observed defendant
sitting in driver’s seat of his vehicle, which was parked in parking stall
with engine running).
8
DMV is separate from the Court
California DMV administrative per se laws vary,
may be beyond the scope of the above cases, and are subject to
different procedures, rules and legal standards. The holdings in
criminal cases involving review of these criminal requirements should
not apply to a DMV proceeding unless it is based on a DMV decision.
While DMV is bound to follow the above DMV decisions, DMV
cannot rely on these criminal cases to support an administrative
finding of "driving."
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