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BUI While Anchored
"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 |
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