Krienke v. Lohman

SPINDEN, Presiding Judge.

Janette M. Lohman, director of the Department of Revenue, appeals the circuit court’s judgment to set aside her suspension of Darin Krienke’s driving license on the ground that he drove a motor vehicle while his blood alcohol concentration exceeded .10 percent. Although Krienke was sitting in the driver’s seat of his van with the engine running, the circuit court ruled that Krienke “was not in physical control or driving the vehicle.” We reverse the circuit court’s judgment.

Police officers, investigating a report of a suspicious car and occupant at 1:20 A.M. on July…