Legal Case Study: Josie's Case

The issue presented is whether or not Josie was operating her vehicle. Based on the fact pattern in Josie’s case the finding of her being in “operation” would be in her favor under the applicable law. Operating while intoxicated (OWI) is defined by Ind. Code § 9-30-5-2, which states, “A person who operates a vehicle while intoxicated commits a Class C misdemeanor.” Ind. Code 9-13-2-118, defines “operator” meaning a person who drives or is in actual control of a motor vehicle upon a highway. To determine whether or not a person was operating a vehicle they used the Hiegel test with four factors but only the second factor concerns us here, it state whether or not the motor was running. The facts in our case show that Josie left the restaurant around 9:00 p.m. and was not seen again until 2:00 a.m., when two police officers found her asleep in the backseat of her car on the side of the road approximately twenty miles from the restaurant. Josie’s car was on the shoulder of the road with the rear fender protruded approximately 8 inches into the far right lane of the road. The car engine was not running, but the headlights were on. The car was in neutral gear. Music from the car stereo was playing and Josie was in the backseat asleep. Our main focus is whether or not the motor was running which as the cases below consist of engine status, auxiliary function and status of gear.
State, 538 N.E.2d 265 (Ind. Ct. App. 1989), is similar with our set of facts in that both Hiegel and Josie were found asleep in their vehicles with their headlights on and Hiegel also had the vehicle’s heater on. In Hiegel, the engine was running and was in “park.” Josie had the engine turned off and the car in neutral gear. The court found in Hiegel that the defendant was not operating the