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People v. Swain5/26/1998
interchangeable with "actual physical control" of a vehicle. In my view, neither the plain language of the statute, the definition of "driver" in Title 42, nor our decision in Brewer support the majority's broad interpretation of the DUI and DWAI provisions contained in section 42-4-1301(1). I believe that the majority expands the definition of "driving" beyond that intended by the General Assembly as evidenced by the plain language of the statute. Hence, I respectfully Dissent.
I am authorized to state that JUSTICE SCOTT joins in this dissent.
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