Police Can't Arrest Woman in Parked C...

Police Can't Arrest Woman in Parked Car for Drunk Driving

There are 9 comments on the Free Republic story from Feb 14, 2006, titled Police Can't Arrest Woman in Parked Car for Drunk Driving. In it, Free Republic reports that:

MADISON, WI -- Simply sitting drunk in the driver's seat of a parked running car does not constitute drunken driving, the Supreme Court ruled Tuesday.

Join the discussion below, or Read more at Free Republic.

Jasmine and Nichole

Fond Du Lac, WI

#1 Feb 17, 2006
What is this world coming to? If someone is in the drivers side of a car, and it is running, then you have full intention of driving that car. If only everyone can get off this easy...
voice of logic

United States

#3 Apr 24, 2006
Do you have any idea what the concept of "driving" is in the term "drinking and driving" or, "driving while intoxicated"? It DOES NOT mean sitting in a car is driving, if that were the case no one under 16 could sit in a car. It is also the whole reason we have seperate charges for driving while intoxicated for the driver and open container charges for non-drivers.

By your logic we should beable to arrest anyone with a gun as a murderer because the potential is there.

Not to mention, this is wisconsin...It's cold here so let's be realistic here. Would you rather our drunks really drive home to get warm or sleep it off in a warm car? And, since(to you) sitting in a running car while drunk is "drinking and driving", what will you charge them with when they really are drinking and driving? Are you honestly suggesting someone who drinks and drives should just get the same as someone who didn't?

I agree however, we should consider an extra charge for being in the driver's seat for future problems but, you can't just start throwing around charges that don't fit the crime. Ever heard of the court process...burden of proof that a crime was commited? How would you prosecute a case of drinking and driving when the crime never occured? Get real...
Nikki

AOL

#4 Nov 12, 2006
Does anyone else in Wiscosin on this board know how cold it gets in Wisconsin? I think if you are drunk and you get in your car and it's that cold you are going to start it so you don't LITTERALLY freeze to dealth. If you don't have a ride I would much rather you stay warm in your car and not drive anywhere than sit in your car with no keys in the ignition and defenetly not make it back to your family because you froze to dealth...
RootBeer

United States

#5 Nov 28, 2006
That is stupid, if someone is siting in a car drunk then they at lest been in some kind of probation at lest. Because no one is just going to get in a car with out the intention of driving it. And if she was really, really drunk than she wouldn't have been in her right mind and would have drove the car some were. But that is just my opinion.
veronica

Las Vegas, NV

#6 Apr 27, 2010
SHE MIGH HAVE NOT BEEN DRIVING BUT SHE WAS GOING TO
THE POLICE JUST STOPED SOMETHING BEFORE IT HAPPENED
ITS LIKE A GUY WITH A GUN, HE IS NOT SHOOTING ANYBODY SO POLICE
CANNOT DO ANYTHING?
THIS IS DUMB, HER INTENTION WAS TO DRIVE, WHAT ELSE WAS SHE DOING WITH THE CAR RUNNING, AND SITTING IN THE DRIVER'S SEAT?
melas

Muskego, WI

#7 Jul 24, 2011
good for her I am so glad and happy she won
pinkbay

UK

#8 Mar 12, 2012
Just because engine is running does not mean she is driving, many cars need the ignition on for the radio and every car needsengine running to get warm air through the heaters. Who wants to sit in a cold silent car ? No one. Im currently sitting in my car drunk engine off asive just been reading various posts lol but i did have my engine running with no intention of driving because ive argued with a loved one and need to get out of the house ! There are many reasons to sit in a car that being probably the most common.
Jaimie

Madison, WI

#9 Mar 12, 2012
My first dui was unlawful. I was actually peeing in a field with my hazard lights on, as you get drunk within 2 hours after drinking. So I pulled over and waited. Marshal indicated a pick up from MAdison as he refused for me to wait out the night in my car, as it is not safe for traffic or for personal safety. They were supposed to drive me home, but the officer indicated I was DUI. Marshal records indicate safe transport home. I was booked and accosted by a booking agent, I smiled when they took my picture and he got pissed ran the length of the room, and threw me repeatedly into the counter and had his penis on my buttocks and slammed me into the wall that way, caught on film as well I had lifted arms to the camera to see the over 8 inch bruises that formed in seconds on both forearms and wrists. I tired to put my hands out to catch the counter, and missed and was just slammed repeatedly in.
Nana

Irving, TX

#11 Sep 1, 2013
I was sit in the car to get the air on the driver seat, not going to drive, I just was waiting for my friend buy me a water & her husband pick us up very soon, I got the same problem. Court on 3/9/13

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