State v. Schuh

LEVINE, Justice.

The State appeals from an order granting Deborah Ann Schuh’s motion for a new trial following her conviction by a jury of actual physical control of a motor vehicle. We affirm.

A Morton County Deputy Sheriff, responding to a report of a stranded vehicle in the early morning hours of December 3, 1991, found a car-stuck in a grove of trees beyond the paved end of a dead-end roadway. Schuh was inside the stranded vehicle, slumped over its steering wheel. After awakening her, coaxing her from the vehicle, detecting the scent of alcohol emanating from the car and her person, and…