State v. Nekolite

ZINTER, Justice.

[¶ 1.] Donald Nekolite was convicted in magistrate court of being in “actual physical control” of a vehicle while under the influence of alcohol. The circuit court affirmed. We reverse.

Facts and Procedural History

[¶ 2.] Donald Nekolite drove to a dance with his girlfriend. They both testified to the same version of the facts. According to their testimony, after drinking heavily at the dance, Nekolite went to his truck to get a cigarette. Nekolite opened the passenger door and reached to the driver’s side to get a package of cigarettes. In doing so, he inadvertently bumped the…