State v. Smelter

— Defendant, Timothy J. Smelter, appeals his judgment and sentence for being in actual physical control of a motor vehicle while under the influence of intoxicating liquor. We affirm.

A Washington State Patrol trooper observed the defendant seated behind the wheel of an automobile which was stopped, with its engine off, partly on the left shoulder of southbound Interstate 5. The vehicle was out of gas. Based upon the officer's observations, the defendant was arrested and a Breathalyzer test administered. At trial, the defendant stipulated that he had alcohol in his blood exceeding .10 percent…