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Capt. JG

"Dave" wrote in message
...
On Sat, 04 Apr 2009 13:48:16 -0400, said:

I've certainly read of numerous cases where someone was arrested for
driving under the influence when found sleeping in a parked car.

Many years ago, I prosecuted a case somewhat like that. The defendant was
asleep when found, the vehicle smelled of alcohol, and he failed a
sobriety
test when awakened. The case wasn't a slam dunk, though. I still had to
prove that he had been operating the vehicle in that condition. The judge
bought my argument that he could infer that the defendant had been
operating
the vehicle from the fact that the front of the car was smashed in and
sitting against a lamp post, and the engine was running. g

Would you have prevailed if he didn't have the keys?

--
"j" ganz @@
www.sailnow.com