Rogers v. State

I respectfully disagree with the majority’s conclusion that the evidence was not sufficient to show that appellant, Charles Rogers, was in actual physical control of his vehicle within the meaning of our DWI statute. I believe that the evidence was sufficient, and I would affirm Rogers’s conviction for fourth-offense DWI.

The majority relies on Dowell v. State, 283 Ark. 161, 671 S.W.2d 740 (1984), in which our supreme court held that where the intoxicated occupant of an automobile was found to be asleep or passed out behind the steering wheel of an automobile without the key in the…