State v. Masloski

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Petitioner Masloski is a defendant in a DWI prosecution who seeks discretionary review of a pretrial order denying his motion to dismiss. Masloski’s motion raised the issue whether he was in “physical control” of the vehicle.

The state and Masloski stipulated to the facts for purposes of deciding the motion to dismiss. They stipulated Masloski had not been driving before the vehicle reached the ditch, and that the car was immobilized. They also stipulated to the facts in the police report to the extent they were not inconsistent, including…