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Qustion for DA's

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/2061011361

March 26, 2008, 12:24
GLG
Qustion for DA's
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.
March 26, 2008, 12:39
david curl
"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.
March 26, 2008, 12:43
AlexLayman
Here is another thread on this issue:
https://tdcaa.infopop.net/eve/forums?a=tpc&s=347098965&f=157098965&m=8561005141&r=5411015141#5411015141
March 26, 2008, 13:00
P.D. Ray
What about theft in the amount of the vehicle's worth?