PHOENIX (AP) -- A new appellate court ruling tackles a long-standing problem issue for Arizona courts in DUI cases - control of a vehicle that isn't moving.

That question typically involves people in parked cars, and that was the circumstance in the Court of Appeals' ruling in a Pima County case. A man had a blood-alcohol level of .357 and a revoked license when a police officer found him in a car with one hand on the steering wheel and the other putting the key in the ignition.

Jurors were instructed to weigh whether the man's potential use of the vehicle presented a danger to himself or others.

The appellate court says potential use of a vehicle isn't a crime and that the real issue is whether the defendant demonstrated actual control of the vehicle.

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The case is State vs. Zaragoza, 2 CA-CR 2007-0117.

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On the Net:

Arizona Court of Appeals Division Two: http://www.apltwo.ct.state.az.us

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