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Although I do not condone drinking and driving, nor sleeping after drinking while sitting in the car, but this is a taking the Law a little to far.

Maybe the law is worded to include being in the proximity of a vehicle to be under penalty of a DWI. But to get a DWI, doesn't a person have to be driving? And how can the court prove that this man got drunk at a bar, walked to his car drove home and fell asleep in the car? He could have had a few drinks at home, walked to his car and fell passed out. Although most likely he drove home.



Court: Man drunk, asleep in car still guilty of DWI

Evidence that a person was alone, drunk and asleep behind the wheel of his working car with the keys on the center console is sufficient to support a drunken-driving conviction, the state Court of Appeals ruled today.

After a call from a concerned citizen, police found Daryl Fleck asleep in his car at 11:30 p.m. one night in an assigned spot at his apartment building, according to the ruling written by three-judge panel of the state Court of Appeals.

Fleck was "obviously intoxicated" and a test showed a blood alcohol concentration of .18 percent, she wrote.

"The keys to the vehicle were on the console between the driver and passenger seats, but there was no evidence Fleck had recently driven," the ruling said.

Fleck told officers he had come to sit in the car. He was charged with two counts of first-degree driving while impaired for being in physical control of a motor vehicle while drunk. He was convicted in Polk County District Court of both charges and sentenced to four years in prison. (He had prior convictions.)

Fleck argued that evidence that he was merely sleeping in his car at his home while he was drunk does not mean he was in "physical control of the vehicle."

The court disagreed, saying the conviction stands "because Fleck's keys were readily available to him, and there is no evidence ... that his purpose for being in the vehicle was inconsistent with driving."

--Rochelle Olson • 612-673-1747
 

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WOW - much different than the many ruling I've seen before...keys out of the ignition...not moving, no evidence of being driven...although I think you're right he probably did drive home from where ever he imbibed.
 

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Odd. Up here, I believe one is still allowed to 'sleep it off' in one's car. So long as the keys aren't in the ignition I think you're okay.
 

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*If* he drove home, he absolutely deserves to be where he is. Had they found him asleep in the parking lot of the bar, or even someone else's home, that's different. So long as he didn't move the car, he should be clear.
 

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Totally nuts.

Based on the proximity of the keys and the potential that the car COULD have been driven.

Is like arresting for murder a guy with a licensed gun with no bullets in it, with the potential that bullets COULD be in it!
 

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He was innocent until proven guilty. Apparently the judge or jury thought there was sufficient evidence.
 

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Totally nuts.

Based on the proximity of the keys and the potential that the car COULD have been driven.

Is like arresting for murder a guy with a licensed gun with no bullets in it, with the potential that bullets COULD be in it!
Ahhhh... but what if the bullets were in the murder victim? ;) I've confused myself, what were we talking about?
 

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Cam: I don't think so.. up here it's called Care and Control and it leaves a lot up to interpretation by the judge.
 

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My cousin got a DUI this way. The cop told him he should have taken the keys and thrown them from the car. If they are in the car you get a DUI.
 
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