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STATE v. VOTAVA

No. 72238-2.

66 P.3d 1050 (2003)

149 Wash.2d 178

STATE of Washington, Respondent, v. Daniel VOTAVA, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 17, 2003.

Attorney(s) appearing for the Case

Phelps & Associates, Scott Staab, Douglas Phelps, Spokane, for Petitioner.

Steven Tucker, Spokane County Prosecutor, Brian O'Brien, Deputy, Spokane, for Respondent.

IRELAND, J.

Defendant Daniel Votava claimed error in his jury trial conviction for actual physical control of a vehicle while under the influence of alcohol. At trial, the district court judge refused to instruct the jury regarding the defense of moving the vehicle safely off the roadway because Votava did not personally drive it off the roadway. Because the trial court erred in refusing the instruction, we reverse and remand...

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