Matter of Vogt

McDEVITT, Justice.

Respondent Vogt, Dempsey Wade and Rick (last name unknown), the owner of the vehicle in question, were out drinking on the night of March 11, 1988. When they left the bar, Wade took control of the vehicle from Rick, because he felt that both Rick and Vogt were too intoxicated to drive. Wade drove.the vehicle, an older Studebaker truck, Vogt was in the middle, and Rick sat on the far right. During the drive both passengers either fell asleep or passed out. Wade, not knowing where either man lived, drove to a store parking lot within a block of his own house and left the truck…