The Minnesota DWI Case Of The Week is Leu v. Commissioner of Public Safety (Decided March 25, 2024, Minnesota Court of Appeals, Unpublished) which stands for the proposition that a person does not lose their status as a "passenger" in a motor vehicle unless they take some action that makes the motor vehicle a source of danger to themselves or others.
Jennifer Leu was a passenger in a pickup truck driven by her husband. A police officer stopped the pickup and suspected Leu's husband was impaired. After conducting field sobriety tests on Leu’s husband, the officer arrested him and directed Leu to remain in the truck. The truck’s engine remained running. At some point, Leu got out of the passenger compartment of the truck and moved to the driver’s seat. However, she did not close the driver’s door. Instead, Leu sat sideways on the driver’s seat, with her feet hanging out of the truck. When the officer observed Leu in that position, she was on her cell phone and explained to the officer that she was requesting a ride home from the scene. Leu exited the truck. Then, she reached inside the truck, switched off the ignition, and put the keys in her pocket. As the officer placed Leu under arrest, a third party arrived to take possession of the truck.
Jennifer Leu's drivers license was revoked for being in physical control of a motor vehicle. Ms. Leu filed a challenge to the revocation but the district court upheld the revocation. On appeal, the Minnesota Court of Appeals rightly reversed the district court, stating:
"The term “physical control” is more comprehensive than the terms “drive” and “operate.” State v. Harris, 202N.W.2d 878, 881 (Minn. 1972). The term “physical control” should be given “the broadest possible effect” to deter inebriated persons from getting into vehicles except as passengers. State, Dep’t of Pub. Safety v. Juncewski, 308N.W.2d 316, 319 (Minn. 1981) (quotation omitted). Generally, physical control is meant to cover situations in which “an inebriated person is found in a parked vehicle under circumstances where the car, without too much difficulty, might again be started and become a source of danger to the operator, to others, or to property.” State v. Starfield, 481 N.W.2d 834, 837 (Minn 1992)."
"However, [i]t is, of course, no crime for an intoxicated person to be in a motor vehicle as a passenger. A passenger, by definition, is someone who is merely along for the ride. When, however, only one person is found in or about a stopped car, the question arises whether that person is a passenger or a person in physical control of the motor vehicle. Mere presence in or about the vehicle is not enough for physical control; it is the overall situation that is determinative."
"Thus, the supreme court has articulated a different physical-control standard for a “known passenger” in Shane. 587 N.W.2d at 639. Under that standard: [F]or a police officer to have probable cause to believe a known passenger is in physical control of a motor vehicle, the officer must have reason to believe that the passenger has or is about to take some action that makes the motor vehicle a source of danger to themselves, to others, or to property."
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"After the driver in Shane was removed from the vehicle, Shane asked the police officer if he could drive the vehicle home. Id. at 640. Later, Shane touched the vehicle’s gas pedal from his position in the passenger seat while the vehicle was running, causing the engine to “rev up” and the exhaust from the vehicle to increase. Id. at 642. Yet, the supreme court concluded that the officers “had no reason to believe that Shane had or was about to take some action that would make the [vehicle] a source of danger,” stating, “[t]he mere act of a known passenger leaning over and touching a vehicle’s gas pedal, without more, is not an action that makes the vehicle a source of danger.” Id. The Shane court said that the circumstances were inadequate to establish “physical control” because Shane did not put himself in a position to move the vehicle. Id. The supreme court noted that Shane did not cause the vehicle to move, did not move to the driver’s seat, did not touch the steering wheel, and did not put the vehicle into gear. Id. Nor was there any evidence that Shane attempted to do those things. Id. Thus, the officers did not have probable cause to believe that Shane was in physical control of the vehicle. Id."
"When compared to the circumstances in Shane, the circumstances here provide even less reason to believe that Leu had taken or was about to take some action to make the truck a danger to herself, others, or property. Like Shane, Leu did not put herself in a position to move the truck, and she did not cause the truck to move. Although Leu moved to the driver’s seat, she did not sit in a position conducive to driving. Instead, she sat facing out the driver’s door with her feet outside of the truck, where they were not in contact with the truck’s gas and brake pedals. Unlike Shane, Leu did not manipulate the gas pedal. Leu operated only the truck’s ignition switch, and she did so only to turn off the truck’s engine. Next, she removed the keys from the truck. Those acts are inconsistent with an attempt to move the truck. Finally, unlike Shane, Leu did not ask for permission to drive the truck. Instead, she attempted to make arrangements for a ride home, and a third party arrived and took custody of the truck before the police officer cleared the scene. When considered in their totality, these circumstances do not suggest that Leu had taken or was about to take some action to make the truck a danger to herself, others, or property."
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"Because Leu was a known passenger and the totality of the circumstances do not indicate that she had taken or was about to take some action to make the truck a source of danger, there was no probable cause to believe that she was in physical control of the truck. We therefore reverse the commissioner’s revocation of Leu’s license to drive."
Moral Of The Story: Don't ride with a drunk driver.
If you or a loved one have been charged with a Minnesota DWI, feel free to contact Minneapolis DWI Attorney, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.
