Hiegel V. State: Location Analysis

When examining the the location of the vehicle and how it arrived there, courts generally view a vehicle being found in a parking lot of the original location more favorably than on or near busy streets. In Hiegel v. State and Nichols v. State, the location of the vehicles were found in the original location where the drinking occurred. (Cite) Both cases the vehicles were found off the road in a area that did not increase the risk of harm to public or themselves, such as a tavern parking lot. (Cite) Whereas in Jellison v. State and Shaw v. State the vehicles were found in the middle of a intersection. Reflecting the circumstances that the driver had at some point drove the vehicle away from where the drinking had originally occurred.
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