Cindy Sengchanthong was sleeping in his vehicle when he was found by a police of

Question

Cindy Sengchanthong was sleeping in his vehicle when he was found by a police officer. The vehicle was sitting motionless on the shoulder of the interstate, but the key was in the ignition, the ignition was placed in the on" position, the wipers were moving, and the turn signal was flashing. When Sengchanthong's blood alcohol level was measured, it was found to be above the legal limit. He was therefore charged with being under the influence of alcohol while operating a motor vehicle. Sengchanthong argued that in his unconscious state, he could not possibly have been operating the vehicle. The prosecutor contended that the fact that Sengchanthong had placed the key in the ignition was enough. Placing the key in the ignition naturally leads to a sequence of events, the outcome of which would have been to operate the vehicle while under the influence. Was this enough to constitute an act in criminal law? Explain. Sengchanthong v. Commissioner of Motor Vehicles, No. SC17606 (Con- Connecticut Supreme Court)

Explanation / Answer

Definitely in this specific situation Cindy Sengchanthong has inserted the key in the car and set the ignition to on state which is directly and initiation of a process for controlling a vehicle which comes under possibility of driving rather than making it stationary. All of these actions directly point towards an act which alone or in sequence would initiate powering up the vehicle and operating the vehicle in unconscious state as well as in influence of alcohol can lead to disastrous situations.
Looking at the above factors we can say that Cindy Sengchanthong is responsible for the specific act and the vehicle should be considered in operating state.a

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