State v. Miller

OPINION

NIERENGARTEN, Judge.

This is an appeal of a DWI conviction for being in physical control of a vehicle while under the influence of alcohol and with an alcohol concentration of .10 or more, in violation of Minn.Stat. § 169.121, subd. 1(a) and (d) (1982). Appellant William Miller claims the arrest was invalid because the offense was not committed in the officer’s presence. He further claims the trial court erroneously granted the state’s motion to amend the complaint by charging Miller with being in physical control of a motor vehicle rather than driving a vehicle. We affirm.

FACTS

On March…