"In reaching its decision, the court relied on previous Massachusetts caselaw that defined "operation" as anytime a person intentionally does an act or makes use of any mechanical or electrical agency which alone or in sequence sets in motion the motive power of that vehicle.
In following that definition, the court explained that turning the key in the ignition to the "on" position could therefore constitute a part of a sequence that would set the vehicle's engine in motion, thereby constituting "operation."
In my reading of this opinion, there is still an argument to be made that simply putting the keys in the ignition, without turning or activating the electrical power, does not constitute "operation" for purposes of Massachusetts Drunk Driving Laws.
The lesson learned here then, ladies and gentlemen, is that if you are in any way intoxicated and pass out in the car, make sure the keys are not in the ignition..."