City of Fargo v. Theusch

GIERKE, Justice.

Richard Theusch appeals from a judgment of conviction finding him guilty of being in actual physical control of a vehicle while under the influence of alcohol. We affirm.

On the evening of October 21, 1989, an employee of Hardee’s Restaurant called the Fargo Police Department to report that a vehicle was blocking traffic in the back parking lot and that someone was passed out or sleeping in the vehicle. Two police officers responded to the call and found Richard Theusch sleeping on the right side of the bench seat of a pickup truck. After unsuccessfully attempting to wake…