City of Spokane v. Beck

¶1

Schultheis, J.

— A court sitting in an appellate capacity can determine whether sufficient evidence supports a conviction for being in physical control of a motor vehicle while intoxicated when the defendant contends the safely off the roadway affirmative defense was proved. It considers the evidence in the light most favorable to the prosecution to determine whether a rational trier of fact could have found that the accused failed to prove the defense by a preponderance of the evidence. At the trial in this case, the arresting officer admitted that the defendant’s car was off the roadway…