State v. Moe

OPINION

AMUNDSON, Judge.

The state challenges the trial court’s determination that respondent, Charles Lyle Moe, was not in “physical control” of a motor vehicle and the court’s subsequent dismissal of the complaint for lack of probable cause. We reverse and remand.

FACTS

Police officer Kevin Dather responded to a report of a pickup truck mired on the shoreline of a lake. Upon the officer’s arrival, he observed the front end of the truck projecting into the lake with the engine running and respondent behind the wheel. After respondent shut the vehicle off, shifted the transmission to park and…