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Keyless Ignition Impact on APC Case in Michigan

Question: How would a car with a keyless ignition affect an actual physical control case in Michigan?

Answer: Whether it's a physical key or key fob or keyless ignition, the analysis is essentially the same. The legal issue to be addressed is operation. It's about control. It's about the timing of the control. So whether the car is running or not, whether there is a key or a fob located in the vehicle or on the person, whether you are in the driver's seat, the passenger seat or the back seat, whether there is evidence the car moved or had moved, are again all factors in consideration. The key legal issue is whether operation is or was present.


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