State v. Maletich

OPINION

NIERENGARTEN, Judge.

This is a pretrial appeal by the State seeking review of an order of the district court dismissing misdemeanor DWI charges against respondent Michael Male-tich based on a lack of probable cause to believe that Maletich was in physical control of his vehicle. We reverse and remand for trial.

FACTS

At approximately 2:40 a.m. a St. Cloud police officer went to an apartment complex to investigate a report that a man was pounding on the outside window of an apartment. The officer found no one at the window, but observed a parked vehicle in the parking lot with a man seated…