Yep. You also can stub your toe without walking. Trust me.

You could even poke your eye out with a rootabaga. They would still charge you.

Four years in prison for sleeping one off in your car?

I will be staying the hell away from Minnesota, that's for sure.

This happened to my son. When he was in the army, stationed at Ft Hood one New Year's eve he and his buddy decided to stay in the barracks because they didn't want to drive (ironically). Since they couldn't smoke in the barracks, they were coming out every so often to smoke. It was cold, so they sat in the car and ran the engine.

An MP came by and arrested him. Cuffed him and took him to jail, even though he was in slippers and clearly not going anywhere. Even the barracks watch told the MP that they had been coming in and out all night to smoke. But the law says that if you have the keys in your possession while drunk, the penalty is the same as DWI

LSS, it took a few hundred dollars for a lawyer and the charges were dropped.

That would not have happened in Alabama or Georgia. As long as the key is not in the ignition you can sleep it off in your car.

Friend of mine slept it off in his truck in the parking lot of the bar. He was awakened by a cop tapping on his window. He rolled down the window and the cop explained that he was going to have to arrest him for DUI.
"You can't do that."
"Why?"
"Because you're standing on my keys."
As a former cop, my buddy knew the law. When he decided to sleep it off, he dropped his keys out the window.

I had a relative stop on the side of the road (drunk) and he was hit by another driver... he spent years in jail for vehicular manslaughter.

he was 10 feet off the side of the road... didn't matter.

In so many cases American justice just doesn't care about justice. We have far too many police, prosecutors, judges and legislators who really don't care about justice. WE have allowed the fearful to gain too much power over our lives.

We had a cop here in Fla. get off of a DUI charge because he "didn't mean to drive" even though he was passed out in his idling truck in the bar parking lot with his foot on the brake pedal.

Two sets of rules.

The best story I have is this guy in San Clemente, CA was plastered after bar hopping, rode home on his SKATEBOARD- and some asshole cop gave him a DUI. He was a bit of a rebel & a punker- so he probably brought it upon himself, but for cryin' out loud - a friggin SKATEBOARD. now that is reaching... whatever it takes to get that quota.

In so many cases American justice just doesn't care about justice.

#8 | Posted by danni

Wd DO NOT gave a justice system. We have a legal system. Big difference.

This would never happen in Hawaii. Cops here at least use common sense and have a little compassion for people. It used to be cops here wouldn't even ticket us for drinking beer as long as we weren't obviously drunk. That changed when our legislators started taking federal money for roads.

" But the law says that if you have the keys in your possession while drunk, the penalty is the same as DWI"

Gee, you'd think to get a DWI you'd at least have to "D".

Gee, you'd think to get a DWI you'd at least have to "D".

I agree, Dan. It cost me several hundred dollars to get a lawyer to defend my son who was busted for a DWI while sitting in his car the parking lot at his army barracks, listening to music and clearly not dressed to be going out.

But the law says that if you have the keys in your possession while drunk, the penalty is the same as DWI

The keys in posession is a little over the top, but in the ignition can be shown to be the intent to drive.

It is about time this nation took drunk driving serious.

In many states that's all it takes. In others, the keys have to be in the ignition.

I'm an attorney in Minnesota. This is standard practice. It's very simple. If you have the keys within reach and are in the vehicle able to get to the driver's seat, you can get nailed for DWI. I always tell people, you want to sleep in your car? Toss the keys in the trunk.

the cops figure that if your sleeping and drunk in your car you must have drove to where your sleeping drunk.

I heard a story once -- don't know if it's true or not -- about a drunk who had a bad accident with another vehicle rendering his own car undrivable. While waiting for the cops to arrive, he went to the corner store a few feet away and bought a six pack and guzzled it. When testing positive when he blew, he claimed he got drunk while waiting and there was no way he could have driven after that given the condition of his car.

If a true story, he is a clever man.

In so many cases American justice just doesn't care about justice. We have far too many police, prosecutors, judges and legislators who really don't care about justice. WE have allowed the fearful to gain too much power over our lives.

#8 | Posted by danni at 2010-02-07 10:42 AM | Reply | Flag:

And an Obama supporter. Irony?

I always tell people, you want to sleep in your car? Toss the keys in the trunk.

#17 | Posted by Sycophant at 2010-02-07 05:29 PM

Right next to their weed, right?

This one is for you, Danni.

When I was in college I jumped on a freight train to hitch a ride home from a bar. I fell asleep and woke up in Ohio

"I fell asleep and woke up in Ohio."

At least you weren't flying an airliner.

I'm an attorney in Minnesota. This is standard practice. It's very simple. If you have the keys within reach and are in the vehicle able to get to the driver's seat, you can get nailed for DWI. I always tell people, you want to sleep in your car? Toss the keys in the trunk.

#17 | Posted by Sycophant at 2010-02-07 05:29 PM

How about putting the keys in the glove box and getting in the back seat and sleeping?

Even better how about calling a cab and picking your car up in the morning.

YOu know the cops in Ireland write license plate numbers of cars at the local pubs on Sunday and then pull them over and give them sobriety checks the next morning when they are driving to work. Many are still legally drunk.

In so many cases American justice just doesn't care about justice. We have far too many police, prosecutors, judges and legislators who really don't care about justice. WE have allowed the fearful to gain too much power over our lives.

#8 | Posted by danni

You have the woman with the scales of justice and the statement "justice is blind". I've often felt the statement should be changed to: "justice is blind to justice".

There was a cop in Colorado who got fired for pulling women drivers over and checking them for IUD's

Absolutely ridiculous. If he had not been driving, how the hell can he be cited for DWI (DRIVING while intoxicated)?

Stupid cop making a stupid arrest, convicted by stupid jury, upheld by a stupid court...

If this story is true and factual, it is a terrible misapplication of justice. The judges that allowed this, I would consider, guilty of social vandalism. If this kind of thing becomes common place the folks will have no other choice but to rebel against that kind of judicial tyranny.

How about putting the keys in the glove box and getting in the back seat and sleeping?

#25 | Posted by jackass at

How about being left the hell alone?

The cop should be fired. They canned the Boston cop for using a racial slur in an email, abusing your authority like this, to me, is infinitely more serious.

BTW online poll has those in favor of acquittal at 94%

Man Gets DUI Without Driving Car

Or, as Doc calls it, "Monday Morning".

Almost every one of these posts is a defense of drunk driving. The truth is, if you have been drinking you have to give your keys to someone who's sober or else take a cab. You knew the rules when you obtained your drivers license. Grow up.

Happens all the time. If you're "in control" of the vehicle, driving or not, you can be got for DUI. Depends on each state's statutes, but it seems most are headed in that direction. If you plan to drink, don't take your car, don't drive your car, don't even walk toward your car. Whatever you do, don't ever get into your car unless someone else has the keys.

"Oh no, officer, I was only planning to "sleep," not drive away after you leave. Really."

So......... they can throw you in jail for your intentions? How does anyone know what another person's intent is? I guess they could throw anyone in jail anytime because they intended to shoot the crazy SOB down the street. That is insane!!!!

I fell asleep and woke up in Ohio.

It could have been worse. You could have ended up in Texas.

Cases like this just prove that cops and prosecutors are generally complete dicks.

This guy was not causing a threat to public safety. So there is no reason for a cop or prosecutor to care about him being in that car. But they don't care about public safety. They care about exercising their power. It doesn't matter to them that they only had power over this guy based on a technicality or that they were ruining his life for no reason. They only cared that they had the opporunity to exercise their power and show what big, important shitstains they are.

I fell asleep and woke up in Ohio.

It could have been worse. You could have ended up in Texas.

Posted by RingMaster at 2010-02-08 01:05 PM | Reply

Or worse still, Detroit.

So......... they can throw you in jail for your intentions?

Problem is when you drink too much even you don't know what your intentions are sometimes. It is important to know the law when you are going to drink. If the law says you can't have your key s then he broke the law. Ignorance is no excuse. Too many people have died now. I saw another cross with flowers on the side of the road today.

It said PLEASE DON"T DRINK AND DRIVE.

RIP.

In some states, driving a vehicle on private property while intoxicated is a DUI. True story: one poor fellow was on his riding mower doing his weekly grass duty. Cop drives by, sees a beer can in the cup holder, circles back, does a field sobriety test and arrests said mower.

I think that is a bit of a stretch, myself.

I think that is a bit of a stretch, myself.

Posted by AKat at 2010-02-08 01:40 PM | Reply

We've got an old fella that makes regular trips to the lickher store here in NC on his mower (not exactly a "mower" since the mowing deck has disappeared).

You'd think since the stores are owned by the state, an eyebrow'd be raised, perhaps cops called?

Perhaps they are figuring the old fuck's giving them revenue and he'll be dead soon enough so who cares?