Mark W. Garka's Client was arrested for a DUI. Mark W. Garka argued that this case was actually a Physical Control case and not a DUI case because the Client never moved his vehicle and was actually asleep in his vehicle for quite a while when the Officer arrested him. Through investigation, Mark W. Garka obtained a copy of the arresting Officer's in-car video to confirm that his client was in fact asleep in his vehicle when the Officer approached the car. Through this argument, Mark W. Garka won the Department of Licensing Hearing. His Client pled to a reduced charge of Reckless Driving. All of this was accomplished despite Mark W. Garka's Client having a prior DUI within the last seven years.