A routine case in Alexandria of an intoxicated man apparently asleep behind the wheel of his parked car has led to an unprecedented ruling by the Virginia Supreme Court that going forward, if someone is intoxicated behind the wheel of a parked car and the key is in the ignition, the driver automatically is guilty of drunken driving.
Alexandria police officers found Jean Paul Enriquez apparently asleep behind the wheel of a Toyota, illegally parked in a bus zone, early in the morning on Sept. 18, 2009. Knocking on the driver’s side window, sun roof and roof did not arouse him — nor did a flashlight shined in his face.
When he finally was roused and got out of the car, Officer Aloysius Asonglefac “could smell a strong odor of alcoholic beverage” and “a strong odor of marijuana” coming from the car. Mr. Enriquez appeared “confused,” “didn’t seem to [k]now where he was,” thought “he was in Arlington,” was “going to see his girlfriend” but was not sure “as to where his girlfriend was,” according to court documents. He failed field sobriety tests and was placed under arrest.
A drunken driving conviction was upheld by the state Court of Appeals.
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Salisbury city police informed me that just sitting behind the wheel is enough to consider you the operator.no need for keys to be in the ignition.when I said bull crap he called a sgt out who stated the same.when I asked in what circumstances....he responded all.
ReplyDeleteIf you have been drinking and TOUCH a vehicle, that is intent. Ask any cop, senator, lawmaker, they've all been caught driving drunk.
ReplyDeleteNo one is immune.
I was told to put your keys in the trunk. Then there's no possibility of operation. I think once a lawyer got involved you would get out of it in the courtroom.
ReplyDeleteI've been told by police that if the keys are in the car you will get the DUI. When in doubt I'll put the keys on the ground inside of a tire (under the car).
ReplyDelete