SPECIAL TERM OPINION
WOZNIAK, Chief Judge.
FACTS
Petitioner Masloski is a defendant in a DWI prosecution who seeks discretionary review of a pretrial order denying his motion to dismiss. Masloski's motion raised the issue whether he was in "physical control" of the vehicle.
The state and Masloski stipulated to the facts for purposes of deciding the motion to dismiss. They stipulated Masloski had not been driving before the vehicle reached...
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