Legal Opinion
State v. Votava
Court of Appeals of Washington
Decided December 20, 2001No. 19910-0-IIIPublishedCited by 2 opinions
1Opinion of the CourtKato, J.
— The State has obtained discretionary review of a superior court order reversing Daniel Votava’s conviction for being in physical control of a vehicle while under the influence of liquor. The State contends the superior court erroneously concluded Mr. Votava should have been permitted to present to the jury an affirmative defense under RCW *53246.61.504(2) that the vehicle had been moved safely off the roadway, even though he personally did not drive the vehicle there. We agree and reverse.
A Washington State Patrol trooper saw Mr. Votava’s vehicle, with its engine running and its headlights on, in…
Also in this document: Concurrence.
2Cases cited12 opinions
- State v. KellerWashington Supreme Court · 2001
- Western Telepage, Inc. v. City of TacomaWashington Supreme Court · 2000
- Western Telepage, Inc. v. City of Tacoma Department of FinancingWashington Supreme Court · 2000
- State v. ChesterWashington Supreme Court · 1997
- State v. DayWashington Supreme Court · 1981
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3Cited by2 opinions
- State v. VotavaWashington Supreme Court · 2003
- State v. VotavaWashington Supreme Court · 2003