State v. Dawley

OPINION

BRAMMER, Presiding Judge.

¶ 1 Real party in interest Frank Barraza is facing a second trial for the offenses of aggravated driving or actual physical control of a vehicle while under the influence of an intoxicant (DUI) and aggravated driving or actual physical control of a vehicle with a blood alcohol concentration (BAC) of .10 or greater within two hours of driving or being in actual physical control of the vehicle. At Barraza’s first trial, the respondent judge gave the following two jury instructions on the issue of “actual physical control”:

“Actual physical control” means that a…