In Bodner v. State, 752 A.2d 1169 (Del. 2000), the Supreme Court reversed the decision of the Superior Court and remanded the case for a new trial because the presiding judge erroneously instructed the jury on actual physical control. He failed to instruct the jury that they may consider the fact that the vehicle may be inoperable, and "if inoperable whether the vehicle might have been rendered operable without too much difficulty so as to be a danger to persons and property." Id. at 1174.