Actually, this is a great example of how our legal system has nothing to do with justice, nor even with legal and illegal anymore. I was in jail with a man who was arrested for DUI in AZ. He explained how, on a holiday weekend, he inbibed a little too much inside his apartment. When he started feeling a little nauseous, he went outside for some fresh air and sat down on the grass behind his car. Shortly thereafter he decided if he was going to sit in the grass on a nice sunny November Phoenix day he should pop the hatchback of his car and listen to the radio. It was just a short time later a police cruiser came by, questioned him, then arrested him for DUI because since he was intoxicated, and he was the closest person to the car with the keys in the ignition, he therefore had 'control' of the vehicle and was therefore guilty of DUI according to statute.
By the same reasoning, I am guilty of driving on a suspended license every morning when I start the car and scrape the windshiled for my wife, to help her out so she can drive me to work.....