Nevada Revised Statutes 484C.109 – Person deemed not to be in actual physical control of vehicle in certain circumstances
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For the purposes of this chapter, a person shall be deemed not to be in actual physical control of a vehicle if:
Terms Used In Nevada Revised Statutes 484C.109
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to Nevada Revised Statutes 0.031
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
1. The person is asleep inside the vehicle;
2. The person is not in the driver’s seat of the vehicle;
3. The engine of the vehicle is not running;
4. The vehicle is lawfully parked; and
5. Under the facts presented, it is evident that the person could not have driven the vehicle to the location while under the influence of intoxicating liquor, a controlled substance or a prohibited substance.