We believe it would be preferable, and in line with legislative intent and social policy, to read more flexibility into [prior precedent]. Is anne robinson ill. 2d 483, 485-86 (1992). The Arizona Court of Appeals has since clarified Zavala by establishing a two-part test for relinquishing "actual physical control"--a driver must "place his vehicle away from the road pavement, outside regular traffic lanes, and... turn off the ignition so that the vehicle's engine is not running.
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The court set out a three-part test for obtaining a conviction: "1. The same court later explained that "actual physical control" was "intending to prevent intoxicated drivers from entering their vehicles except as passengers or passive occupants as in Bugger.... " Garcia v. Schwendiman, 645 P. 2d 651, 654 (Utah 1982) (emphasis added). This view, at least insofar as it excuses a drunk driver who was already driving but who subsequently relinquishes control, might be subject to criticism as encouraging drunk drivers to test their skills by attempting first to drive before concluding that they had better not. For example, a person asleep on the back seat, under a blanket, might not be found in "actual physical control, " even if the engine is running. Mr robinson was quite ill recently. NCR Corp. Comptroller, 313 Md. Thus, rather than assume that a hazard exists based solely upon the defendant's presence in the vehicle, we believe courts must assess potential danger based upon the circumstances of each case. As we have already said with respect to the legislature's 1969 addition of "actual physical control" to the statute, we will not read a statute to render any word superfluous or meaningless. Most importantly, "actual" is defined as "present, " "current, " "existing in fact or reality, " and "in existence or taking place at the time. "
A vehicle that is operable to some extent. Adams v. State, 697 P. 2d 622, 625 (Wyo. The question, of course, is "How much broader? See generally Annotation, What Constitutes Driving, Operating, or Being in Control of Motor Vehicle for Purposes of Driving While Intoxicated Statute or Ordinance, 93 A. L. R. 3d 7 (1979 & 1992 Supp. Mr. robinson was quite ill recently died. Accordingly, the words "actual physical control, " particularly when added by the legislature in the disjunctive, indicate an intent to encompass activity different than, and presumably broader than, driving, operating, or moving the vehicle. Neither the statute's purpose nor its plain language supports the result that intoxicated persons sitting in their vehicles while in possession of their ignition keys would, regardless of other circumstances, always be subject to criminal penalty. In State v. Bugger, 25 Utah 2d 404, 483 P. 2d 442 (1971), the defendant was discovered asleep in his automobile which was parked on the shoulder of the road, completely off the travel portion of the highway. In the words of a dissenting South Dakota judge, this construction effectively creates a new crime, "Parked While Intoxicated. " And while we can say that such people should have stayed sober or planned better, that does not realistically resolve this all-too-frequent predicament.
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One can discern a clear view among a few states, for example, that "the purpose of the 'actual physical control' offense is [as] a preventive measure, " State v. Schuler, 243 N. W. 2d 367, 370 (N. D. 1976), and that " 'an intoxicated person seated behind the steering wheel of a motor vehicle is a threat to the safety and welfare of the public. ' In these states, the "actual physical control" language is construed as intending "to deter individuals who have been drinking intoxicating liquor from getting into their vehicles, except as passengers. " In this instance, the context is the legislature's desire to prevent intoxicated individuals from posing a serious public risk with their vehicles. In Garcia, the court held that the defendant was in "actual physical control" and not a "passive occupant" when he was apprehended while in the process of turning the key to start the vehicle.
We believe no such crime exists in Maryland. No one factor alone will necessarily be dispositive of whether the defendant was in "actual physical control" of the vehicle. The policy of allowing an intoxicated individual to "sleep it off" in safety, rather than attempt to drive home, arguably need not encompass the privilege of starting the engine, whether for the sake of running the radio, air conditioning, or heater. We have no such contrary indications here, so we examine the ordinary meaning of "actual physical control. " Thus, our construction of "actual physical control" as permitting motorists to "sleep it off" should not be misconstrued as encouraging motorists to try their luck on the roadways, knowing they can escape arrest by subsequently placing their vehicles "away from the road pavement, outside regular traffic lanes, and... turn[ing] off the ignition so that the vehicle's engine is not running. " Webster's also contrasts "actual" with "potential and possible" as well as with "hypothetical. As a practical matter, we recognize that any definition of "actual physical control, " no matter how carefully considered, cannot aspire to cover every one of the many factual variations that one may envision. Superior Court for Greenlee County, 153 Ariz. 2d at 152 (citing Zavala, 136 Ariz. 2d at 459). The engine was off, although there was no indication as to whether the keys were in the ignition or not. Emphasis in original). Thus, we must give the word "actual" some significance.
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What constitutes "actual physical control" will inevitably depend on the facts of the individual case. Perhaps the strongest factor informing this inquiry is whether there is evidence that the defendant started or attempted to start the vehicle's engine. Rather, each must be considered with an eye towards whether there is in fact present or imminent exercise of control over the vehicle or, instead, whether the vehicle is merely being used as a stationary shelter. We believe that, by using the term "actual physical control, " the legislature intended to differentiate between those inebriated people who represent no threat to the public because they are only using their vehicles as shelters until they are sober enough to drive and those people who represent an imminent threat to the public by reason of their control of a vehicle. Although the definition of "driving" is indisputably broadened by the inclusion in § 11-114 of the words "operate, move, or be in actual physical control, " the statute nonetheless relates to driving while intoxicated. We do not believe the legislature meant to forbid those intoxicated individuals who emerge from a tavern at closing time on a cold winter night from merely entering their vehicles to seek shelter while they sleep off the effects of alcohol. The location of the vehicle can be a determinative factor in the inquiry because a person whose vehicle is parked illegally or stopped in the roadway is obligated by law to move the vehicle, and because of this obligation could more readily be deemed in "actual physical control" than a person lawfully parked on the shoulder or on his or her own property. As long as such individuals do not act to endanger themselves or others, they do not present the hazard to which the drunk driving statute is directed. For example, on facts much akin to those of the instant case, the Supreme Court of Wyoming held that a defendant who was found unconscious in his vehicle parked some twenty feet off the highway with the engine off, the lights off, and the key in the ignition but off, was in "actual physical control" of the vehicle. In Alabama, "actual physical control" was initially defined as "exclusive physical power, and present ability, to operate, move, park, or direct whatever use or non-use is to be made of the motor vehicle at the moment. " While the Idaho statute is quite clear that the vehicle's engine must be running to establish "actual physical control, " that state's courts have nonetheless found it necessary to address the meaning of "being in the driver's position. " The court defined "actual physical control" as " 'existing' or 'present bodily restraint, directing influence, domination or regulation, ' " and held that "the defendant at the time of his arrest was not controlling the vehicle, nor was he exercising any dominion over it. " The court concluded that "while the defendant remained behind the wheel of the truck, the pulling off to the side of the road and turning off the ignition indicate that defendant voluntarily ceased to exercise control over the vehicle prior to losing consciousness, " and it reversed his conviction.
Position of the person charged in the driver's seat, behind the steering wheel, and in such condition that, except for the intoxication, he or she is physically capable of starting the engine and causing the vehicle to move; 3. V. Sandefur, 300 Md. Superior Court for Greenlee County, 153 Ariz. 119, 735 P. 2d 149, 152 (). We therefore join other courts which have rejected an inflexible test that would make criminals of all people who sit intoxicated in a vehicle while in possession of the vehicle's ignition keys, without regard to the surrounding circumstances. Because of the varying tests and the myriad factual permutations, synthesizing or summarizing the opinions of other courts appears futile. As for the General Assembly's addition of the term "actual physical control" in 1969, we note that it is a generally accepted principle of statutory construction that a statute is to be read so that no word or phrase is "rendered surplusage, superfluous, meaningless, or nugatory. " Cagle v. City of Gadsden, 495 So.
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Key v. Town of Kinsey, 424 So. Courts must in each case examine what the evidence showed the defendant was doing or had done, and whether these actions posed an imminent threat to the public. At least one state, Idaho, has a statutory definition of "actual physical control. " While the preferred response would be for such people either to find alternate means of getting home or to remain at the tavern or party without getting behind the wheel until sober, this is not always done. Indeed, once an individual has started the vehicle, he or she has come as close as possible to actually driving without doing so and will generally be in "actual physical control" of the vehicle. Further, when interpreting a statute, we assume that the words of the statute have their ordinary and natural meaning, absent some indication to the contrary. ' " State v. Schwalk, 430 N. 2d 317, 319 (N. 1988) (quoting Buck v. North Dakota State Hgwy. The inquiry must always take into account a number of factors, however, including the following: 1) whether or not the vehicle's engine is running, or the ignition on; 2) where and in what position the person is found in the vehicle; 3) whether the person is awake or asleep; 4) where the vehicle's ignition key is located; 5) whether the vehicle's headlights are on; 6) whether the vehicle is located in the roadway or is legally parked. In Zavala, an officer discovered the defendant sitting unconscious in the driver's seat of his truck, with the key in the ignition, but off. When the occupant is totally passive, has not in any way attempted to actively control the vehicle, and there is no reason to believe that the inebriated person is imminently going to control the vehicle in his or her condition, we do not believe that the legislature intended for criminal sanctions to apply. The danger is less than that involved when the vehicle is actually moving; however, the danger does exist and the degree of danger is only slightly less than when the vehicle is moving. Other factors may militate against a court's determination on this point, however. Balanced against these facts were the circumstances that the vehicle was legally parked, the ignition was off, and Atkinson was fast asleep. Idaho Code § 18- 8002(7) (1987 & 1991); Matter of Clayton, 113 Idaho 817, 748 P. 2d 401, 403 (1988).
It is important to bear in mind that a defendant who is not in "actual physical control" of the vehicle at the time of apprehension will not necessarily escape arrest and prosecution for a drunk driving offense. State v. Ghylin, 250 N. 2d 252, 255 (N. 1977). 2d 407, 409 (D. C. 1991) (stating in dictum that "[e]ven a drunk with the ignition keys in his pocket would be deemed sufficiently in control of the vehicle to warrant conviction. 2d 1144, 1147 (Ala. 1986). The court said: "An intoxicated person seated behind the steering wheel of an automobile is a threat to the safety and welfare of the public.
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2d 735 (1988), discussed supra, where the court concluded that evidence of the ignition key in the "on" position, the glowing alternator/battery light, the gear selector in "drive, " and the warm engine, sufficiently supported a finding that the defendant had actually driven his car shortly before the officer's arrival. Richmond v. State, 326 Md. 3] We disagree with this construction of "actual physical control, " which we consider overly broad and excessively rigid. In sum, the primary focus of the inquiry is whether the person is merely using the vehicle as a stationary shelter or whether it is reasonable to assume that the person will, while under the influence, jeopardize the public by exercising some measure of control over the vehicle. Id., 25 Utah 2d 404, 483 P. 2d at 443 (citations omitted and emphasis in original). FN6] Still, some generalizations are valid. By using the word "actual, " the legislature implied a current or imminent restraining or directing influence over a vehicle.
The court reached this conclusion based on its belief that "it is reasonable to allow a driver, when he believes his driving is impaired, to pull completely off the highway, turn the key off and sleep until he is sober, without fear of being arrested for being in control. " What may be an unduly broad extension of this "sleep it off" policy can be found in the Arizona Supreme Court's Zavala v. State, 136 Ariz. 356, 666 P. 2d 456 (1983), which not only encouraged a driver to "sleep it off" before attempting to drive, but also could be read as encouraging drivers already driving to pull over and sleep. It is "being in the driver's position of the motor vehicle with the motor running or with the motor vehicle moving. " While we wish to discourage intoxicated individuals from first testing their drunk driving skills before deciding to pull over, this should not prevent us from allowing people too drunk to drive, and prudent enough not to try, to seek shelter in their cars within the parameters we have described above. Webster's Third New International Dictionary 1706 (1986) defines "physical" as "relating to the body... often opposed to mental. " The court said: "We can expect that most people realize, as they leave a tavern or party intoxicated, that they face serious sanctions if they drive. In the instant case, stipulations that Atkinson was in the driver's seat and the keys were in the ignition were strong factors indicating he was in "actual physical control. " In view of the legal standards we have enunciated and the circumstances of the instant case, we conclude there was a reasonable doubt that Atkinson was in "actual physical control" of his vehicle, an essential element of the crime with which he was charged. This view appears to stem from the belief that " '[a]n intoxicated person in a motor vehicle poses a threat to public safety because he "might set out on an inebriated journey at any moment. " Petersen v. Department of Public Safety, 373 N. 2d 38, 40 (S. 1985) (Henderson, J., dissenting). For the intoxicated person caught between using his vehicle for shelter until he is sober or using it to drive home, [prior precedent] encourages him to attempt to quickly drive home, rather than to sleep it off in the car, where he will be a beacon to police. See Jackson, 443 U. at 319, 99 at 2789, 61 at 573; Tichnell, 287 Md. In People v. Cummings, 176 293, 125 514, 517, 530 N. 2d 672, 675 (1988), the Illinois Court of Appeals also rejected a reading of "actual physical control" which would have prohibited intoxicated persons from entering their vehicles to "sleep it off. "
2d 701, 703 () (citing State v. Purcell, 336 A. Many of our sister courts have struggled with determining the exact breadth of conduct described by "actual physical control" of a motor vehicle, reaching varied results. Webster's also defines "control" as "to exercise restraining or directing influence over. " Statutory language, whether plain or not, must be read in its context.
Apples, Oranges, & Bananas. Cucumber slices contain lots of vitamins and minerals with very few carbohydrates or fats. Salt -- ingesting too much salt can lead to what's known as water deprivation or salt poisoning.
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High or low blood pressure. Some of the safest foods that dogs tend to enjoy the most include dehydrated chicken or beef in very small amounts, apples (without the core), green beans, and carrots. Macadamia nuts contain a toxin that can cause muscle weakness, tremors, and vomiting in dogs. Oats and oatmeal – Oats are safe for your dog to eat, especially if he has wheat allergies. The Ultimate List of Human Foods Dogs Can and Can't Eat. Alcohol is very dangerous for dogs and can lead to a range of serious complications, including coma and death. Plenty of Protein for Your Hound Dogs: Since your hound is a carnivore, his/her diet should contain plenty of protein. Popcorn is fine for her, as long as it's not salted or buttered.
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If you suspect your pup has ingested something potentially harmful, immediately call your veterinarian or the ASPCA Animal Poison Control Center (APCC) at (888) 426-4435. Be sure to remove the core and seeds before giving apples to your dog. Peanuts - they're safe in peanut butter form, as long as it's a variety with no added sugar or sweeteners. While trying to resist your pet's begging face, be sure to check before giving in. Human foods can be your dog's best friend—or his worst enemy. Toxic foods for dogs pdf 1. Plain, fully cooked shrimp is a great choice for your dog.
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Οι αναφορές προετοιμάζονται χρησιμοποιώντας το πρότυπο Harvard. Theobromine is a very dangerous substance for dogs, and it's not only one that's poisonous, but dogs struggle to metabolize it. This quirky fruit has Lauric, which fights off viruses and prevents bad breath, skin irritations, skin allergies and itchiness. In larger quantities, citric acid can lead to nervous system depression. Just be sure you are choosing a natural peanut butter brand with no xylitol, since that can be. Breznock EM, Berger B, Pendray D, Wagner S, Manley P, Whitting P, Hornof W, West D (1983) Surgical manipulation of intrahepatic portocaval shunts in dogs. One area you have to be careful about is feeding! Red and green bell peppers – Red peppers are more nutritious than green peppers, but both of them are safe for your dog. Also, don't let your dog eat the furry shell, which might cause choking. 13 The possible Salmonella or E. coli that is sometimes found in raw meat can be harmful to dogs too, not just humans. It's not harmful for your dog, but it does contain large amounts of sodium, which can cause your dog to retain fluid and become thirsty. Σε περίπτωση μελετών που αφορούν στη χρήση πειραματοζώων πρέπει να αναφέρεται ο αριθμός της άδειας πειραματισμού από την αρμόδια Κτηνιατρική Αρχή. Τέλος, πρέπει να δίνονται τα συμπεράσματα της εργασίας και η πιθανή εφαρμογή στην κλινική πράξη. We all know how tempting it can be to give your little fella a little 'special treat. Toxic foods for dogs pdf to word. '
Fully cooked eggs can be a tasty and fun treat for your dog. "and "What foods can kill dogs? Many dogs enjoy green beans, whether served raw, steamed, or from a can. When large amounts are eaten salt can cause vomiting, diarrhea, depression, tremors, fever, and seizures. Some dogs don't tolerate soy very well. The amount of Xylitol in just five pieces of gum has the potential to kill a 65-pound dog. While eating small amounts of the peeled fruit is okay for some dogs, it can cause an upset stomach. If the bones splinter, they can obstruct the bowels or damage the stomach or intestines. Στο επάνω μέρος φέρουν τον αριθμό τους (π. Πίνακας 1) και στη συνέχεια τον τίτλο τους με πεζά γράμματα. Dogs toxic foods list. When feeding sweet potatoes to your hound, it's best to peel off the skin first. Dogs can eat bananas in moderation. Filed under Health + Wellness. Almonds – Although almonds aren't toxic, they can cause choking and damage your dog's windpipe. Certain animal species may have a peculiar vulnerability to a potentially poisonous plant.
Chewing on carrots can help remove plaque from their teeth and otherwise promote good dental health. While low-sodium chicken and turkey cold cuts are probably fine, home cooked is best. It is important to understand that raw meat diets pose health risks to dogs and may not provide a complete nutritional balance. Donate Through PayPal. Η έκταση του κυρίως κειμένου δεν πρέπει να είναι μεγαλύτερη των 1. Most Poisonous Foods For Dogs - Top 10 List 🥇. Milk & Other Dairy Products.