In this case, C.E. was found slumbering in his car legally parked at a grocery store. Upon investigation, he was found to be intoxicated. There was no evidence of when C.E. drove the vehicle, and there were no keys present to actually operate the vehicle. The Otter Tail County District Court sustained the revocation of C.E.’s license. The issues presented on appeal will include whether “physical control” can legally consist of situations where a vehicle occupant lacks the physical means to actually control the vehicle. Compare Dufrane v. Comm’r, 353 N.W.2d 705 (Minn. Ct. App. 1984) and State v. Fleck, 777 N.W.2d 233 (Minn. 2010).
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