Court upholds DWI conviction for man ...

Court upholds DWI conviction for man in parked car

There are 53 comments on the TwinCities.com story from Mar 24, 2009, titled Court upholds DWI conviction for man in parked car. In it, TwinCities.com reports that:

The Minnesota Court of Appeals upheld the drunken driving conviction of a Polk County man who was arrested while behind the wheel of a parked car.

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Erik

Montgomery, AL

#1 Mar 24, 2009
More emphasis should be on intent, rather then dancing around the symantics of "physical control". Just having your keys in your pocket while you're sitting 2 blocks away would constitute "physical control", would it not?
Here we go again

Blythe, CA

#2 Mar 24, 2009
Very Proactive. Pass a law, arrest and convict before you actually do anything.
This is way down that slippery slope.
Archie

AOL

#3 Mar 24, 2009
Anything goes when it comes to enforcement of the states new method of fine farming.
If the victim of the "administration" laid down by his kids bicycle or his riding mower he would still be charged by the dui -dwi fanaticism. Freedoms and liberty erode.
typical big bro

Saint Paul, MN

#4 Mar 24, 2009
Sure punish the guy that gets into his car, realizes he is too drunk to drive, and decides to sleep it off. This guy would have been better off, legally, to try and drive home. Chances of getting pulled over are less when you blend in than when you are a sitting duck. Next time I feel too drunk to drive I am going to remember this and take my chances.(Actually I would take a cab, but not everyone else would.) Way to go MN lawmakers.

PS: Remember that it is cheaper to take a stretch limo home from the bar than get a DWI. And that assumes you didn't hit something or someone. Then you could have taken the space shuttle home and come out ahead.

Since: Nov 08

Minneapolis, MN

#5 Mar 24, 2009
DWI is already a status crime based on what is contained in one's blood, rather than what one actually does, so this is not a surprise. Criminalizing risky behavior whether it actually causes harm requires surrendering significant constitutional protection to the state, and this is just more proof.
DWI laws also cover riding lawnmowers and ever-lower alcohol levels--federalizing state law enforcement and so on. Many freedom concerns, but folks nowadays aren't terribly worried about their freedom if the government promises to protect them from all risks.
Sunflower

Minneapolis, MN

#6 Mar 24, 2009
I'd rather a drunk fell asleep in their car, than be out on the road.
VooDoo economics

Minneapolis, MN

#7 Mar 24, 2009
How about if I am drunk, within 100 yards of a vehicle and the keys are somewhere near by? Am I in control of the vehicle? What if I am drunk, in the passenger seat being driven home by someone sober, but diminutive and easy to control? This is an absurd ruling ...
Capt Jack Sparrow

Minneapolis, MN

#8 Mar 24, 2009
arr,up a creek without a oar so to speak
wet toast

Saint Paul, MN

#9 Mar 24, 2009
this is so stupid....dumb law

“Sustainability Now!”

Since: May 08

Vadnais Heights

#10 Mar 24, 2009
Centinel wrote:
DWI is already a status crime based on what is contained in one's blood, rather than what one actually does, so this is not a surprise. Criminalizing risky behavior whether it actually causes harm requires surrendering significant constitutional protection to the state, and this is just more proof.
DWI laws also cover riding lawnmowers and ever-lower alcohol levels--federalizing state law enforcement and so on. Many freedom concerns, but folks nowadays aren't terribly worried about their freedom if the government promises to protect them from all risks.
Hey! I am only buying you ONE drink on the 29th. Don't escalate your hopes needlessly.
rtt

Clearfield, UT

#11 Mar 24, 2009
We are now convicting people for what they "...without too much difficulty, might..." do....great.
Poor guy; it sounds like he could use some help rather than a four-year sentence for sitting in his car while drunk.
batman

West Hartford, CT

#12 Mar 24, 2009
Anybody who's been to DW classes, as he has many times, knows that you can not do that. So, he got exactly what he knew he'd get...if caught. Do the crime, do the time my friends. Life is dangerous.
JRnb

New Franken, WI

#13 Mar 24, 2009
Arresting, and charging, someone for sitting in their car at their home address while drunk is an incredible abuse of discretion by police and prosecutors. Itís speculation on my part, but I suspect this person was known to local law enforcement and they jumped at a pretext to lock him up. They didnít arrest him for sitting in his car; the police arrested him for what they suspect he did but didnít actually catch him doing: driving drunk, the kind when the engine is running and the wheels are turning.

Meanwhile, what are people supposed to take away from this? Donít even touch a vehicle if you are drunk and have the keys within reach? What if they keys were in his pocket instead of on the dashboard? What if he had been in the passenger seat? Back seat? Bed of a pickup truck? Would the police still have had the right to haul him to jail? Itís no joke. It will cost taxpayers at least $100,000 to imprison this guy for four years, for being passed out in his car. I hope itís worth it.
MsDemeanor

Saint Paul, MN

#14 Mar 24, 2009
I thought you actually had to COMMIT a crime in order to be convicted, not just have the 'possibility' that one is committed. I'm all for saving lives, have children and grandchildren of my own, I just think this is going a little overboard... go ahead and blast me, I just wonder how many good & decent citizens are now criminals because of some of these zealots.

JTY

Since: Sep 08

Olathe, KS

#15 Mar 24, 2009
Centinel wrote:
DWI is already a status crime based on what is contained in one's blood, rather than what one actually does, so this is not a surprise. Criminalizing risky behavior whether it actually causes harm requires surrendering significant constitutional protection to the state, and this is just more proof.
DWI laws also cover riding lawnmowers and ever-lower alcohol levels--federalizing state law enforcement and so on. Many freedom concerns, but folks nowadays aren't terribly worried about their freedom if the government promises to protect them from all risks.
While I disagree with the courts findings, I also disagree with your statement. You can't say that people people with .08 and driving is a status crime. What they did was drink enough to get above .08 and then what they did was chose to drive. The don't need to drive head first into a guard rail for it to be criminal behavior.
Delusional

Minneapolis, MN

#16 Mar 24, 2009
This isn't something new people. I had a friend get the same type of ticket in college nearly ten years ago. I am unsure why this is headline news.'
You can lamant the fate of this guy but this isn't some kind of new law. If he didn't know that he shouldn't drive the worng way on a one way street and ended up causing an accident would you feel sorry for him? There is no excuse for not knowing the law.
Immigrant Joe

Minneapolis, MN

#17 Mar 24, 2009
Hey, it's the law.

Don't like the laws of our land, then go live somewhere else!

Besides, driving is not a right, it's a privilege.

If you leave a bar drunk, approach your car, have your keys on you, you can get busted for DWI.

Simple as that.

Know the law and obey it. Don't like it? Do what every law abiding American does...change it.

And it's "S-E-M-A-N-T-I-C-S" not "symantics"; learn to speak, read, and write English correctly, damned immigrants!

Nuff said.
Willys

Minneapolis, MN

#18 Mar 24, 2009
Next they will be arresting any male that they please on rape charges merely because he has, and is in control of, the necessary "equipment" to commit the crime.
lobster

London, UK

#19 Mar 24, 2009
That's a load of BS. Once again, our court system poops on the Constitution. Your have no more "rights" my fellow comrade.
zooropa

Chicago, IL

#20 Mar 24, 2009
I thought DWI stood for driving while intoxicated. He wasn't driving, there is not one shred of evidence that he was. This whole DWI thing is a witch hunt. What if I was in my garage, drunk, and my car was in my garage, and the keys were in my pocket. Is that physical control of the vehicle? what a bunch of crap.

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