State v. Votava

Defendant Daniel Votava claimed error in his jury trial conviction for actual physical control of a vehicle while under the influence of alcohol. At trial, the district court judge refused to instruct the jury regarding the defense of moving the vehicle safely off the roadway because Votava did not personally drive it off the roadway. *181Because the trial court erred in refusing the instruction, we reverse and remand for a new trial.

FACTS

According to his trial testimony, Votava went drinking with friends at the Goodtimes Pub in Spokane in mid-April 1999. Afterward, he agreed to give his friend a…