Common sense prevails !!

[cj's dad]

www.duiattorney.com/news/7194-supreme-court-rules-sleeping-does-not-constitute-new-mexico-dwi (http://www.duiattorney.com/news/7194-supreme-court-rules-sleeping-does-not-constitute-new-mexico-dwi)


from the link:

Supreme Court rules "sleeping" does not constitute New Mexico DWI (http://www.duiattorney.com/news/7194-supreme-court-rules-sleeping-does-not-constitute-new-mexico-dwi)

The New Mexico Supreme Court unanimously overturned the DWI conviction of a man who was asleep in his vehicle at the time of his arrest.

In a decision on Tuesday, the court said the officers had no evidence Mark Sims had any intention to drive his vehicle. The arrest, which occurred back in 2004, took place in a parking lot in Abuquerque - Sims was asleep behind the wheel, but the keys were in the passenger seat.

[JustRalph]

Excellent. Some states have "physical control rules" that say if you are behind the wheel with the keys, you are guilty of DWI.

I refused to enforce it in Ohio. Only twice did I have a "talk with the Sgt" over it.

For all you budding patrolman out there............. if you take the guys keys from the guy you find sleeping drunk in the car and throw them across the parking lot before your Sgt gets there........ it pretty much makes it a non issue.

And when he calls you the next day asking about his car keys you can tell him he really needs to look around that parking lot for them.........they get the hint.