The “driving” part of Driving Under the Influence may be becoming less clear and easier for the Courts and the DMV to prove. I had a long talk recently with someone at the DMV about Colorado’s definition of driving. The case law says that you have to have control over the vehicle. It has been shown that keys in the ignition is enough to show control. There have not been any cases but my question is about how we deal with the keyless starting cars. It is not too far fetched with our current laws to say that since you have the key fob in your purse or pocket it is the same as having them in the ignition because all you will have to do is push the start button to get the car started. Until we have a clear ruling on this it may be best to avoid vehicles all together if you are drinking alcohol or smoking marijuana.
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