Cox v. Director of Revenue

A police officer found Cox (plaintiff) asleep or unconscious in his running, parked vehicle at a gas station, smelling of alcohol with watery, bloodshot eyes and a glass of liquid between his legs; he failed sobriety tests and registered a .18 blood alcohol content. The Director of Revenue (defendant) suspended his license under a statute requiring probable cause that he was "driving" with a blood alcohol content over the legal limit; the trial court held the suspension improper, and the Director appealed.