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I am a deputy and I look at things from a "cops" view and not as a DA. Although I do try to make it easier for my DA and CA by trying to write my reports from their view but I have a question. I know that for UUMV it says the person must "operate" the motor vehicle. My question is does that mean that the vehicle must be running going down the roadway. What do you charge a person with who is setting behind the wheel in a stolen car or passed out in the stolen vehicle.
 
Posts: 7 | Location: Spearman, Texas, USA | Registered: March 26, 2008Reply With QuoteReport This Post
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"To find operation under [the DWI] standard, the totality of the circumstances must demonstrate that the defendant took action to affect the functioning of [the] vehicle in a manner that would enable the vehicle's use." Denton v. State, 911 S.W.2d 388, 390 (Tex. Crim. App. 1995). Courts are very generous with what is enough to rise to the level of operation.

If he wasn't operating the car, it might be a burglary of a vehicle or just a trespass.
 
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001Reply With QuoteReport This Post
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Posts: 689 | Registered: March 01, 2004Reply With QuoteReport This Post
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What about theft in the amount of the vehicle's worth?
 
Posts: 764 | Location: Dallas, Texas | Registered: November 04, 2003Reply With QuoteReport This Post
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