A police officer discovered P sleeping or unconscious, sitting in the driver's seat behind the wheel of a vehicle, in the parking lot of a gas station. P was the only person in or around the vehicle. The keys were in the ignition, and the motor was running. The shift lever was in park. P had a strong odor of an intoxicating beverage on his breath. His eyes were very bloodshot and watery, and he appeared disoriented. The officer noticed a glass of brown liquid between his legs. P turned off the ignition, exited the vehicle, and tried but failed sobriety tests. P was arrested for driving while intoxicated. P had a strong odor of an intoxicating beverage on his breath. His eyes were very bloodshot and watery, and he appeared disoriented. The officer noticed a glass of brown liquid between his legs. P turned off the ignition, exited the vehicle, and tried but failed sobriety tests. P was arrested for driving while intoxicated. After Miranda warnings, P answered 'Yes' to the form question, 'Were you operating the vehicle?'. A breath test revealed a blood alcohol content of .18 of one percent. D suspended P's driving privileges. P requested a trial de novo in circuit court. P argued that the officer did not observe him 'operating' or 'driving' the vehicle. The term 'driving' was defined as 'physically driving or operating a motor vehicle.' The court agreed with P and D appealed.

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