State v. Ryan

This case arose in the District Court for the Eighteenth Judicial District of Montana, in and for Gallatin County. Mr. Ryan appeals his conviction of being in actual physical control of a motor vehicle while under the influence of alcohol. We affirm.

The issue is whether the District Court erred in refusing to give defendant’s offered Instruction No. 11 concerning circumstantial evidence.

A highway patrol officer noticed Mr. Ryan’s vehicle parked on an interstate on-ramp at about 2:30 a.m. Its lights were on and its engine was running. As the officer approached the vehicle, she saw Mr. Ryan…