State v. Starfield

SIMONETT, Justice.

There may be circumstances where oper-ability of a vehicle is relevant on the issue of whether a person has physical control of a motor vehicle while under the influence of alcohol. In this case failure to give a supplementary instruction on physical control factors was not requested, nor was it error not to have given such an instruction. The “physical control” conviction is, therefore, reinstated and the court of appeals’ decision vacating such conviction is reversed.

On February 24, 1989, at around 1:47 a.m., Ramsey County deputy sheriffs responded to a report of a car in…