State v. Vogel

MESCHKE, Justice.

Steven William Vogel appealed his jury conviction of the offense of actual physical control of a motor vehicle while under the influence of• intoxicating liquor. We hold that the legislature defined the crime without unconstitutionally shifting the burden of proof to the accused, but that the trial court improperly did so by instructing the jury on the effect of evidence of Vogel’s intoxilyzer test. We reverse and remand for a new trial.

Two Fargo police officers found Vogel asleep in his car in a parking lot about 1:20 a.m. one morning. The car engine was running, the…