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STATE v. STARFIELD

No. C5-90-2182.

481 N.W.2d 834 (1992)

STATE of Minnesota, Petitioner, Appellant, v. Sandra Sylvia STARFIELD, Respondent.

Supreme Court of Minnesota.

March 13, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., and Douglas B. Meslow, Sweeney and Borer, P.A., St. Paul, for petitioner, appellant.

John M. Stuart, State Public Defender, Mark F. Anderson, Asst. State Public Defender, Minneapolis, for respondent.

James C. Wicker, Minneapolis, for amicus curiae, Mothers Against Drunk Driving.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

There may be circumstances where operability of a vehicle is relevant on the issue of whether a person has physical control of a motor vehicle while under the influence of alcohol. In this case failure to give a supplementary instruction on physical control factors was not requested, nor was it error not to have given such an instruction. The "physical control" conviction is, therefore, reinstated and the court of appeals' decision vacating such...

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