City of Edmonds v. Ostby

Ringold, A.C.J.

The City of Edmonds appeals the judgment dismissing the charges brought against Richard Ostby for being in actual physical control of a motor vehicle while under the influence of intoxicating liquors pursuant to RCW 46.61.504. Ostby was tried in district court on stipulated facts and convicted. The Snohomish County Superior Court reversed the conviction and dismissed the charges. We reverse the superior court's judgment of dismissal.

The facts are not in dispute. On December 28, 1983, Richard Ostby was arrested in the parking lot of an apartment complex in Edmonds for being in…