Department of Transportation, Bureau of Driver Licensing v. Paige

In Department of Transportation, Bureau of Driver Licensing v. Paige, 156 Pa. Commw. 600, 628 A.2d 917 (Pa. Cmwlth. 1993), actual physical control was found where the licensee was asleep, slumped over the steering wheel with the key in the ignition. The vehicle was parked on a city street with its parking lights on. The officer in Polinsky was found to have had reasonable grounds to believe that the licensee was in actual physical control of the vehicle when she was found asleep behind the wheel of her vehicle, parked adjacent to a fast food restaurant pick-up window. The headlights of the car were on and the standard transmission was in gear, although the engine was not running.