A “Physical Control” conviction is similar to a DUI except that the person is in physical control of the vehicle instead of driving it. In the case of State of Washington vs. Edgar, filed in March 2021 the Washington State Court of Appeals dismissed a felony physical control conviction based on the “safely off the roadway” defense. The defendant had parked inside a nearly empty five-acre parking lot and fell asleep with the engine running. The opinion contained a photo from the officer’s dash cam showing the defendant’s truck sitting in a large parking lot that appeared empty or nearly […]
