Roberts v. Commissioner of Public Safety

OPINION

NIERENGARTEN, Judge.

The trial court rescinded the revocation of respondent Gregory Roberts’ driver’s license on the basis that Roberts did not have physical control of the vehicle. The Commissioner of Public Safety appeals. We affirm.

FACTS

An officer of the Medina Police Department observed respondent Gregory Roberts passed out on the front seat of his vehicle, which was parked in the parking lot of the Medina Ballroom with the keys on the dashboard.

The officer awakened Roberts and observed signs of intoxication. The officer inserted the ignition key to determine if it was the key to…