QUESTION PRESENTED It is unlawful for a person to be in actual physical control (APC) of a motor vehicle while intoxicated. On August 27, 2017, an officer found and arrested our client, Matthew Cylkowski for APC. Mr. Cylkowski was asleep, intoxicated, and found in the passenger seat of his truck. The truck engine was not running. Is the court likely to find Mr. Cylkowski guilty of APC?
BRIEF ANSWER Possibly. APC is a broad statute that leaves the finder of fact to determine if the totality of the circumstances are enough to conclude that the person inside the vehicle was at risk of exercising control of the vehicle while intoxicated.