The State must always prove that the Defendant was either driving or in actual physical control of a motor vehicle. Actual physical control is defined as circumstances where the person charged is observed by the arresting officer to be in the driver's seat with the keys in the ignition, or with keys so close at hand as to permit the person to at any moment start the automobile and drive away. The location of the driver, how many occupants are in or around the vehicle, and the location of the keys are important facts needed to determine if the Hillsborough County State Attorney’s office can prove this element. Finebloom & Haenel will challenge every element of your case including whether you were in actual physical control of the vehicle.