Mark W. Garka's Client was a passenger in his own motor vehicle.  The Driver, who was ultimately arrested for Driving Under the Influence (DUI) drove off the road into a highway median.  Mark's Client, who was also intoxicated, woke up and jumped into the Driver's seat after the Driver had fled the car.  The Washington State Patrol Trooper observed Mark's Client's in the driver's seat and the Client was arrested for DUI.  At the Department of Licensing Hearing, Mark was able to convince the Hearing Officer that the appropriate charge should have been Physical Control of a Motor Vehicle While Under the Influence because he never drove the car and in addition, the car was safely off the roadway.  Mark won the Department of Licensing hearing.  Mark presented this information to the State Prosecutor and the DUI was dismissed and a Traffic Infraction was imposed. The Client never lost his Driver's License nor did he go to jail because of this incident.