Operation of a Motor Vehicle

The Court will consider the following factors in deciding whether a person was "operating"

i)  Whether the person in the vehicle was awake.
ii) Whether the motor was running.
iii) Whether the keys were in the ignition.
iv) The location of the vehicle and how it got there.
v) Whether the person intended to move the vehicle.

What constitutes a Motor Vehicle?

The statutory definition of a motor vehicle is as follows:

VTL §125: Motor Vehicle: Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except...

VTL §159: Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

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