He drank. He slept in his car. He had his keys. ... DWI.

Full story: TwinCities.com

Daryl Dean Fleck told police he left his apartment building to get something from his Chevy Blazer.
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1 - 20 of 129 Comments Last updated Apr 1, 2009
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SuperStarfan

Rochester, MN

#1 Mar 24, 2009
I don't understand this. The guy wasn't driving and had no idea where the keys even were. This is outrageous and petty. What's next, a DWI at the campground for going into your motor home after a few at the campfire? How is that any different. How about having my 9 year old grab a beer for me out of my cooler? Does that mean I am contributing to the delinquency of a minor, and a minor consumption for my son? Minnesota's drinking laws have become unreasonable. I live in Red Wing, when even if you are not home, and have no knowledge of what is going on, and your child has alcohol with friends in the home, the parents become responsible and are ticketed. To me, it almost sounds as if cops make up their own laws now and let the courts decide if they stick.

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medic pro

Eden Prairie, MN

#2 Mar 24, 2009
If you disagree contact the judge here

http://www.judgeterristoneburner.org/contactu...
NMplsMan

Minneapolis, MN

#3 Mar 24, 2009
What more do you need to do to "ask for it"??
B-Ryan

Minneapolis, MN

#4 Mar 24, 2009
SuperStarfan wrote:
I don't understand this. The guy wasn't driving and had no idea where the keys even were. This is outrageous and petty. What's next, a DWI at the campground for going into your motor home after a few at the campfire? How is that any different. How about having my 9 year old grab a beer for me out of my cooler? Does that mean I am contributing to the delinquency of a minor, and a minor consumption for my son? Minnesota's drinking laws have become unreasonable. I live in Red Wing, when even if you are not home, and have no knowledge of what is going on, and your child has alcohol with friends in the home, the parents become responsible and are ticketed. To me, it almost sounds as if cops make up their own laws now and let the courts decide if they stick.
Minnesota has had this law for years, its nothing new. My grandpa got a DUI back in the 70's for sleeping in his car when he left the bar.

To answer your questions, No, you won't get a DUI at a campground in your motor home unless, and yes you can get in trouble if you have your 9 year old bring you a beer. That would put the 9 year old in possesion, and he is a minor, and I don't think the 9 year old is old enough to be charged with a crime.
Baby Ray Ray

AOL

#5 Mar 25, 2009
What a stupid, stupid law. Im sure MADD and SADD are very proud. So much for "Being secure in person and possessions"
Frustrated

Saint Paul, MN

#7 Mar 25, 2009
This is law enforcement run stupid. So a person could go to a bar, ends up drinking too much, but does the right thing by deciding NOT to drive and they get a DWI. That is just plain stupid. So if the guy (drunk) crawled into the back of his Blazer and fell asleep under a blanket, he'd be DWI as well? Crazy.

Ya might as well charge all guys with attempted rape just because they have a certain appendage. It would be the same logic.
Jim

Lutz, FL

#8 Mar 25, 2009
This is just another example of an insane interpretation of the law, If you look in the dictionary for the word driving, it says operating a motor vehicle. Now this guy did not have his keys in the ignition or in his pockets The engine was cold and he was endangering no one! His only violation was maybe, being intoxicated in public. I suggest that the judges involved each be provided with a large print dictionary and they could review it, before they make their decisions. Ophs, that might not work. I suspect most of them flunked reading?
dstadem

United States

#9 Mar 25, 2009
This is absolute BS.
What happened to "innocent until proven guilty"?
So he was guilty of having control over a non-moving, non-running car while under the influence. Big deal. He did not drive the car, and had no intention of doing so.
Three beers does not mean he was incapable of NOT deciding to drive.
If I sit in my living room next to my gun cabinet, and drink until I am really drunk, and I have control over my guns, but I don't touch them, am I guilty of anything? Of course not.
Where does it end? Polk County and Lori Swanson should re-imburse the county for the cost of this case. They should be ashamed of themselves. This guy did nothing wrong, and had no intent of doing so. He should never have been prosecuted.
But of course, the DA has to justify her existence, and beef up the numbers.
In my eyes, this is just as bad as Madoff. Its just a legal means of trying to screw the public, and the results to the innocent victim be damned.
MADDisSAD

AOL

#10 Mar 25, 2009
You morons supporting the pigs forget that his car was parking in his APARTMENT BUILDING PARKING LOT. Thid didn't even occur on a public street. Thanks, MADD and SADD. Your Nazi agenda is taking hold.
Mander

United States

#11 Mar 25, 2009
These Cops, prosecuters and Judges are nutty, Let's look at this is a sane manner, the guy is on private property, is not driving, no key is in the ignition and that was reason to arrest him? What a load, the cops that arrested him, the attorneys that that prosecuted him and the judges that sentenced him should all be unemployed. Talk about a miscarrige of justice this is a good example. Perhaps these public servents could co some real work and arrest some of the stockbrokers that bankrupted the country instead of some innocent poor chump sitting in his car minding his own business.
Tired

United States

#12 Mar 25, 2009
Just a reminder, you are in Minnesota. Too many idiots in power who have spent too much time out in the cold without head protection, resulting in frostbite to their common sence.
About the Money

Cottage Grove, MN

#13 Mar 25, 2009
If something doesn't make sense or pass the smell test, follow the money. An average DWI conviction is estimated to generate as much as $10,000 for the courts, city of issue, the state, insurance companies, etc. Try and get a job after receiving one of these gross misdemeanor (some cases felony) convictions. Itís becoming less about public safety than it is another form of revenue enhancement.
Willy

Saint Paul, MN

#14 Mar 25, 2009
"Any person who drives, operates or is in physical control of any motor vehicle within the state of Minnesota while under the influence of alcohol or with an alcohol concentration of 0.08 or more is guilty of a crime,"
Sounds like Judge Terri Stoneburner has an agenda. I wonder exactly what the law says.
upset

Minnetonka, MN

#15 Mar 25, 2009
Luckily he wasn't smoking - Sure they would have charged him additionally for that.
Residues

Saint Paul, MN

#16 Mar 25, 2009
To Willy: The judge's "statement" you quoted was actually a word-for-word recitation of the law that is on the books in MN. So, you answered your own question about "what the law actually says," and the judge simply quoting the law the legislature enacted is not "an agenda."
Get A Grip

Cape Coral, FL

#17 Mar 25, 2009
Where's the ACLU when you need them. This smacks of "future crime" - let's prosecute because he may have been thinking about driving drunk. So what's next? If you own a handgun we charge you with attempted murder because you could possibly shoot someone?
Follow the money

Minneapolis, MN

#18 Mar 25, 2009
The days of common sense are long gone, people use to have common sense but it has been taken away from use by the laws created by self serving unintelligent inept politicians, having their ears bent by all the
special interest groups, lobbyists or any other simple minded group that are only interested in their own personal wants and agenda, It is one thing if a person has had to much to drink is behind the wheel with
the keys in the ignition or caught driving well over the limit. Now here is a guy that was on private property, keys in the ashtray with no knowledge he was intending to drive he just wanted to sleep off what little alcohol he may have consumed and gets a DWI ticket on the premise he could have driven, based on that illogical thinking everyone in their house that has to much to drink and the keys on somewhere in the kitchen should then be given a DWI for they to had the ability to drive
if they so choose to do so. I think the state attorney general is a clown and the other three judges are like the three stooges. Many laws are passed to instill fear of the government and raise money.
yokas

Watertown, MN

#19 Mar 25, 2009
MADDisSAD wrote:
You morons supporting the pigs forget that his car was parking in his APARTMENT BUILDING PARKING LOT. Thid didn't even occur on a public street. Thanks, MADD and SADD. Your Nazi agenda is taking hold.
Very Well Said! MADD and SADD will be running the state pretty soon!
Slow Down

Saint Paul, MN

#20 Mar 25, 2009
B-Ryan wrote:
<quoted text>
Minnesota has had this law for years, its nothing new. My grandpa got a DUI back in the 70's for sleeping in his car when he left the bar.
To answer your questions, No, you won't get a DUI at a campground in your motor home unless, and yes you can get in trouble if you have your 9 year old bring you a beer. That would put the 9 year old in possesion, and he is a minor, and I don't think the 9 year old is old enough to be charged with a crime.
Try again. It is not against law to have your kid get you a beer. With that thinking he would be charged with possession for simply touching the cooler. If it is in your house you can let the kid drink the beer if you want. Though I wouldn't advise it.
WOW

Grand Rapids, MN

#21 Mar 25, 2009
Wow, what a surprise.. over 87% of people polled say that the law is wrong and yet this guy is getting the "long side of the law". In my opinion it is much better to have someone sleep it off than to actually drive. I would rather drive by the bar early in the morning and see 20 cars parked there, with 40 people sleeping in them. Instead I don't see more than one car in parking lot.. Do all those other people have designated driver's... of course not!! They are out endangering you and me every night of the week. And the ones I know... are driving because they know it's illegal to sleep in their car.. So instead of being a "sitting duck" for law enforcement they make the run and hope for the best!! Even if they get caught really what's the big deal.... A fine?? Higher insurance? Most are right back to it in a few months...but why change the system let's just crack down harder and make the fines higher to reimburese crazy law enforcement. I guess what is the point then, let's just drive; endanger people's lives and the get the DUI since in the laws eye's there is no difference between being drunk and driving drunk. Even better let us just make being intoxicate illegal. If you are over .08 we are going to throw you in jail.. That is basically the way it is now. Let me just say that Police and Alcohol don't mix.. It's a recipe for an expense court date!!!

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