Legal Opinion

State v. Huyen Bich Nguyen

Washington Supreme Court

Decided December 31, 2008No. 80752-3PublishedCited by 20 opinions

1Opinion of the CourtMadsen, J.

¶1 —At issue is whether physical control of a vehicle while under the influence of alcohol or drugs is an included offense of driving while under the influence of alcohol or drugs. We conclude that it is and accordingly affirm the Court of Appeals.

FACTS

¶2 At about 2:40 a.m. on February 15, 2003, Washington State Patrol Trooper Christopher F. Magallon noticed a vehicle partially pulled onto the gore point of the Howell Street on-ramp to Interstate 5.1 Most of the car was off the road but part was in the lane of travel. The engine was running and the petitioner, defendant Gabrielle Nguyen, the…

2Cases cited40 opinions

  1. Schmuck v. United StatesSupreme Court of the United States · 1989
  2. State v. WorkmanWashington Supreme Court · 1978
  3. State v. DeemOhio Supreme Court · 1988
  4. State v. ScottWashington Supreme Court · 1988
  5. State v. KirkmanWashington Supreme Court · 2007

35 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. SublettWashington Supreme Court · 2012
  2. State v. BobenhouseWashington Supreme Court · 2009
  3. State v. BobenhouseWashington Supreme Court · 2009
  4. State v. SublettCourt of Appeals of Washington · 2010
  5. In re the Detention of BrownCourt of Appeals of Washington · 2010

15 more not listed; retrieve them via the Exa API.

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