State v. Hendricks

OPINION

DANIEL F. FOLEY, Judge.

Appellant State of Minnesota challenges the district court’s legal determination that there was no probable cause to believe respondent James Hendricks was in physical control of a motor vehicle. The district court found that respondent could not have exercised physical control over the motor vehicle and granted respondent’s motion to dismiss. We reverse and remand for trial.

FACTS

The undisputed facts of this case show that, on a January evening, respondent and his friend Atkinson were riding in a truck that became lodged in a snow bank. When a neighbor, who…