The appeals court said that Fleck's keys were "readily available to him," and there was no evidence he was in the car to do something other than drive. That he may not have intended to drive is "immaterial," the eight-page decision said...
Stearns County Attorney Janelle Kendall, also president of the Minnesota County Attorneys Association, said Tuesday's ruling is consistent with the law and public safety. "The point behind the physical control law is they could take off with it at any time," she said.
You can be arrested for DWI even without driving
A Minnesota man was recently convicted of "drunken driving", and an appeals court upheld that conviction - even though he wasn't driving. He had admittedly been drunk and had been found asleep in his car. There was no evidence that he had driven the car to its location, but...