Kentucky Police Chief falls asleep at the Taco Bell Drive Thru (from VICE News)
This exact situation happened to one of our clients, who was not a police officer. She fell asleep at the Drive-Thru.
Our client's charge was reduced to "Physical Control," a non-moving violation. Our client also fell asleep at the drive-thru at McDonalds in Columbus, Ohio, after paying for food. The car was in park and was not seen moving by the Police.
Under Ohio Revised Code 4511.19 (HHH), the vehicle must be witnessed in motion to prove "operation" for purposes of an Ohio OVI (DUI). Otherwise only a Physical control can be proven.