A police officer who found a Pennsylvania man found passed out in the driver’s seat of his running vehicle had reasonable grounds believe he was “in actual physical control of the movement of the vehicle,” while intoxicated, the Commonwealth Court has ruled.
In a Nov. 21 opinion, the court said the Court of Common Pleas of Cumberland County erred when it determined that Officer Thomas Eugene Gelnett lacked reasonable grounds to believe Thomas E. Bold Jr. was in actual physical control of the movement of the vehicle when Gelnett discovered him in a parked vehicle that was running at the Capital City Mall in January 2020. Bold was “passed out behind the wheel,” the majority opinion said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
