City of Fargo v. Novotny

NEUMANN, Justice.

[¶ 1] Joseph Novotny appeals his conviction of actual physical control of a vehicle while under the influence of intoxicating liquor, arguing the trial court gave inadequate jury instructions. We affirm.

[¶ 2] On May 19, 1996, at 1:30 a.m., Fargo Police Officer Michael Mitchell approached a vehicle in the parking lot adjacent to Rick’s Bar in Fargo. The car had been in the parking lot for over a half hour with the headlights on without the engine running. Officer Mitchell found Novotny asleep in the seat behind the steering wheel with his girlfriend sleeping beside him.…