Cited by

before he strikes.” (quotation omitted).

before [they] strike[].” (quotation omitted).

“Physical control” addresses incidents when an intoxicated person “is found in a parked vehicle under circumstances where the [vehicle], without too much difficulty, might again be started and become a source of danger.” (Minn .

“Physical control” has a broad definition and “is meant to cover situations when an intoxicated person ‘is found in a parked vehicle under circumstances in which the [vehicle], without too much difficulty, might again be started and become a source of danger to the operator, to others, or to property.’” ().

Generally, physical control is meant to cover situations in which “an inebriated person is found in a parked vehicle under circumstances where the car, without too much difficulty, might again be started and become a source of danger to the operator, to others, or to property.”

Thus, “physical control” encompasses more than “drive” or “operate.”

(“Ordinarily, instructions drawing attention to particular kinds of evidence should be avoided in criminal cases.”).

Thus, “physical control” encompasses more than “drive” or “operate.”

“Physical control” is broadly construed to include situations in which an impaired person is found “under circumstances where the car, without too much difficulty, 6 might again be started and become a source of danger to the operator, to others, or to property.”

Physical control is “more comprehensive than either ‘drive’ or ‘operate.’” ().

The term “physical control” is “given the broadest possible effect” in order to “deter inebriated persons from getting into vehicles except as passengers.” (quotation omitted).

e. More comprehensive than ei ther “driving” or “operating,” the most inclusive theory for DWI liability is “physical control”—a broa d term intended to address a situation in which an impaired person is found “under circumstances where the car, without too much difficulty, might again be started and become a source of danger to the operator, to others, or to property.”

is friend’s house, Derik Burmeister (Burmeister), “as well as some local bars.” Appellant 1 While not relevant to the district court’s decision, this court has found physical control where the vehicle was inoperable at the time police arrived; “[t]he State stressed the disabilities in these three cases were all temporary….” .

10 (observing that “physical control” is intended to apply when an inebriated person might convert a parked car into danger).

when: (1) the person is under the influence of alcohol[.]”); (stating that “physical control” is more comprehensive than either “drive” or “operate” and that the term is to be given the broadest possible effect to deter inebriated persons from getting into v ehicles except as passengers).

The physical control aspect of the statute is intended “as a preventive measure to deter the drunk driver from again driving” and “should be given the broadest possible effect.” State v. Starfield , -37 (Minn. 1992) (quotation omitted).

–39 (Minn. 1992) (concluding that whether temporary inoperability of a car precludes a defendant from being in “physical control” of a vehicle is a fact question for the jury).

See State v. Starfield , (stating that defendant may be convicted of DWI based on circumstantial evidence).

-39 (Minn. 1992) (stating that driver was in physical control of a vehicle stuck in a ditch); Abeln v. Comm’r of Pub.

(stating that jury instructions should not draw attention to particular kinds of evidence or single out a particular piece of evidence).

1 (stating that, in the absence of direct evidence, “there .

“The term ‘physical control’ is more comprehensive than either ‘drive’ or ‘operate.’”

“The term ‘physical control’ is more comprehensive than either ‘drive’ or ‘operate.’” d 834, 836 (Minn. 1992).

to deter inebriated persons from getting into vehicles except as passengers.” (quotation omitted).

The district court instructed the jury to first independently determine whether 1 See, (defendant in physical control of car stuck in ditch with keys in driver’s pocket); State, Dep’t of Pub.

“The term ‘physical control’ is more comprehensive than either ‘drive’ or ‘operate.’”

Physical control is meant to cover situations when an intoxicated person “is found in a parked vehicle under circumstances in which the [vehicle], without too much difficulty, might again be started and become a source of danger to the operator, to others, or to property.”