State v. Taft
Supreme Court of Appeals of West Virginia
102 S.E.2d 152 (1958)
Relevant factsFree
Taft (defendant) sat parked in his car waiting for someone when his brakes accidentally released, causing the car to drift about three feet and strike another vehicle. He was charged with driving under the influence. During deliberations, the jury asked for a legal definition of "driving," and the trial court instructed that a vehicle need only be in motion for the offense to occur; Taft was convicted over his objection to that instruction and appealed.
IssueFree
Whether the mere accidental movement of a vehicle, without any affirmative action by the driver to make it move, constitutes "driving" for purposes of a DUI charge.