Reflections From A Rotting Nation » Blog Archive » Man Gets DUI For Sleeping in Parked Car

Man Gets DUI For Sleeping in Parked Car

Apparently the ‘D’ in ‘DUI’ does not have meaning anymore. David Montalvo, 36, was arrested when he, in a responsible fashion, decided to sleep off his intoxication in the parking lot of the Market Place Deli. He was charged with DUI.

Monatlvo’s GMC pickup truck was running and in park while he was stopped at the parking lot. The reason the truck was running was because it was 25 degrees Fahrenheit that February morning and he was trying to keep warm.

Montalvo awoke at 5 am with a Hamburg Police Department patrolman standing over him. The cop claims he wanted to make sure Montalvo was okay. The officer then insisted that he take a breathalyzer test, a request that Montalvoe refused.

He was arrested and forced to make a conditional guilty plea, intending to challenge the officer in court on the grounds that his actions violated the fourth amendment.

A New Jersey appellate court upheld the decision and convicted Montalvo of Driving Under the Influence for sleeping in a parked car while intoxicated.

He now faces a ‘driver’s responsibility’ tax of $3000 and an assorted array of complimentary fines and fees that add up to at least an additional $1000.

theNewspaper.com reports:

“From the perspective of the officer on the scene, I don’t find at all that what he was doing was unreasonable,” Superior Court Judge Thomas Critchley Jr. said in his rejection of Montalvo’s argument. “In fact, I find it would have been unreasonable to have stopped his inquiries at any point short of what he did.”

The appellate court agreed that the officer was acting reasonably to render assistance to someone who may have been in distress.

“The officer wanted to make sure the driver was ‘okay,’ nothing was wrong with the businesses and that the truck was operating properly,” the appellate decision concluded. “We are convinced that under the facts as observed by Officer Aaronson defendant was lawfully subject to limited inquiry based upon an objectively reasonable exercise of the officer’s community caretaking function.”

Lesson learned. If you are intoxicated do not sleep in your car. Either drive home or find somewhere else to sleep. Sleeping Under the Influence charges can be pretty expensive.

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This entry was posted on Tuesday, September 4th, 2007 at 5:08 pm and is filed under Absurd Law, DUI, New Jersey. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

141 Responses to “Man Gets DUI For Sleeping in Parked Car”

Rizla Says:
September 4th, 2007 at 5:29 pm
The Guy got what he deserved, He was probably going to drive home but passed out. When you get caught drunk behind the wheel it doesn’t matter what gear your transmission is in.
Eric Says:
September 5th, 2007 at 12:27 am
The mistake this guy made was he had the keys in the car. You WILL NOT get a DUI if you sleep in your car, that only happens if the keys are in the ignition. The fact that the car isn’t on doesn’t matter, the car is legally in ‘drive’ at least by virginia laws if the keys are in the ignition. If you can just put the keys on the dash and sleep, there is no issue.
Bayliss Says:
September 5th, 2007 at 5:09 am
As someone caught in a similar situation, I can sympathize. I slept in my car one night, not wanting to drive home drunk, but was arrested the next morning when I was awoken by a police officer and told to move, or else. I was pulled over 10m down the road by a second officer, and failed the breath test. I received light penalties but still do not think I was treated fairly.
Chris Says:
September 5th, 2007 at 5:13 am
@ Rizla

It dosen’t matter if he *was* going to drive home or not (Even though it’s seemingly obvious that wasn’t going to be the case) if you can start convicting people on things they *might* have done the entire concept of justice is invalid.

If you were walking home drunk you could be arrested because you may have needed to urinate in public.
kotani Says:
September 5th, 2007 at 5:14 am
haha.. That virginia law wouldn’t work too well with those new cars where you don’t put the key in the ignition.
michael okane Says:
September 5th, 2007 at 5:16 am
It’s the same in Florida. The worst case I know of concerns a guy who cabbed home drunk, his wife refused to let him in the house, so he went into the garage and slept in the car. The police were called by the neighbors, found the guy in the car, and arrested him for DUI. It’s not necessary to have the keys on your person or in the ignition. Merely being intoxicated in a motor vehicle is sufficient to meet the requirements of our all-too liberally written DUI laws.
Jim Says:
September 5th, 2007 at 5:24 am
That’s harsh but probably fair. The guy was obviously not a danger to anyone. But according to the letter of the law he is guilty. I assume he was curled up in the back of the car, not slumped over the wheel.

I am in the UK and I think the Eric’s key rule applies here also.
Ben Says:
September 5th, 2007 at 5:36 am
Over in the UK, if you are in the driver’s seat then you are responsible for the vehicle.

If he’d been asleep in the back (OT: elbow plug) then there’d be no charge to answer!

governments like the tax of alcohol and cars, however they’d rather we used the alcohol to forget their mistakes and just drive on non-congested roads, without creating pollution. power corrupts?
a person Says:
September 5th, 2007 at 5:45 am
The guy got what he deserved?
I’ll tell you what, I’m having a hard time figuring out what I’m supposed to “deserve” anymore when I try to be responsible, but it sure ain’t human rights, apparently.
Bob Says:
September 5th, 2007 at 5:49 am
I got rousted by Las Vegas Metro for sleeping in my car while I was drunk. Only thing that saved me was when the cop asked where my keys were, I told him they were in the bar. When he went in the bar and checked my story out, he came back out, and told me to have a nice evening. Keys in the ignition or in the pocket, and being drunk and in the car is considered intent. He got what he had coming to him.
mike Says:
September 5th, 2007 at 5:54 am
I don’t think people like Eric should be giving legal advice based on what can only be seen as intuition or a commonly held belief. I haven’t looked into this, but I’m pretty sure that the old no keys trick is total BS. Why would lawmakers allow for such an exception that would only benefit criminals. So, go ahead, drive drunk and when the cops pull you over just throw the keys out the window, I’m sure you’ll be ok!

I never stopped being amazed by idiots giving out legal advice they heard from some friend who knew a guy who knew some dude… Rarely are legal questions answered in such clear black letter terms, and even if this assertion is true in one jurisdiction, there is absolutely no guarantee that it will apply to where you live. F-ing grow a brain moron!
Paul Says:
September 5th, 2007 at 5:57 am
In New Mexico, Eric, that’s not true. My friend has been asleep, in the back seat, of his car while drunk. He got a DUI. I know this because I was out drinking with him that night, but I decided to take a cab home…he didn’t want to leave his car, so he slept in the back seat.

I had to go get him from jail the next morning. In NM, they impound your car on the first offense.
Christoph Says:
September 5th, 2007 at 6:00 am
Eric above is absolutely correct… In Australian law this is also the case, the law deems that once the keys are placed in the ignition that the car is operational and therefore you can be slapped with a DUI fine.
The best thing to do if you’re planning to sleep off your ‘weak-as-piss American beer’ in your car, wear something to keep you warm at night.
John M Says:
September 5th, 2007 at 6:14 am
Last time I checked DUI/DWI laws only apply on public roads. If he was in a parking lot he was on private property.
Paul Says:
September 5th, 2007 at 6:25 am
This same thing happened to me in the small town of Mt. Horeb, Wisconsin. I was parked on private property, sleeping in my car and two officers came up and harasssed me, made me get out of the car, and take a breathalyzer. Luckily I blew clean. Pretty outrageous though — the cops should be happy you’re not driving.
Max Says:
September 5th, 2007 at 6:29 am
Not the first time i’ve heard of this happening. If you’re going to do this, you should start the car and then move into the passenger seat. That might give the extra push to prove that you surely weren’t intending to do any driving.
NGUVU Says:
September 5th, 2007 at 6:43 am
I know this case was difficult since his car was running due to the weather, but if your keys are at least 15 feet away from the vehicle…you can sleep whereever you want!
Andre Says:
September 5th, 2007 at 6:52 am
Happened once to me, but the engine was not turned on. Cops were kind enough to drive me back home.
Mark Hankins Says:
September 5th, 2007 at 6:59 am
Yeah well the laws are different over here in England, but I’ve done exactly the same thing on more than one occasion.

Sleeping in the car is better than driving drunk, and I would rather run the engine for 10 minutes while I’m drunk to warm the car up than freeze to death. I really don’t see that as a danger to myself or other people. If I was planning on driving drunk I would have done so by this point.

This kind of behavior (By the cop) is absolutely disgraceful and it sounds to me like the law is as much of a cash-cow in America as it is here when it comes to motoring offenses. And the police wonder why people don’t respect them!
Andy Says:
September 5th, 2007 at 7:02 am
Probably It’s better to actually hide the keys…
Waffle Says:
September 5th, 2007 at 7:08 am
You guys miss the part where it was 25 degrees outside that morning? A car heater is reaaaaal nice at that temperature. Kinda need keys in the dash for that…..
Matt Says:
September 5th, 2007 at 7:09 am
This just goes to show what a bunch of tossers American Police are.

Obviously what they are trying to convey by this behavior is drive home if you are as drunk as a skunk.

Basically what the officer did amounts to entrapment - his “concern” over the wellbeing of the individual actually is his concern for maintaining his arrest record.

Would the story have even been reported if the officer had found a man dead in the back-seat of his car from exposure (extreme cold environment)?

Consumption of alcohol actually reduces your body temperature further so the situation is even worse than 25 deg F.
Jesse Says:
September 5th, 2007 at 7:16 am
In Florida the keys cannot be anywhere near the vehicle, if you get caught in the car with your keys on the roof you’ll still get a DUI. It’s almost better to just drive and take your chances, at least you’ll be awake to respond to the police.
Driving would be unnecessary if Florida had any type of public transportation.
O_o Says:
September 5th, 2007 at 7:18 am
Got what he deserved, at some point he started that thing up in a drunken state, in the UK this is standard i think they call it ‘Drunk in Charge of a Vehicle’ or something like that.

The way to be safe is to put the keys in the glove box or boot (trunk) and sleep in the back seat, in the UK this would be enough to establish that you didnt start up and pull the car out then have second thoughts and crawl into the back seat forgetting to turn off the engine i.e. you had no intention of driving

It might have been cold but you dont start a car up when drunk, its cold you find somewhere else to sleep, get a taxi home or call a friend to pick you up
Mike Says:
September 5th, 2007 at 7:25 am
In Utah your keys don’t even have to be in the ignition. If the driver has access to them they can still get DUI. I have no sympathy. Too many people killed by DUI’s. If your gonna drink, don’t even have keys with you.
Mark Says:
September 5th, 2007 at 7:28 am
Eric is right. Also getting out of the drivers seat is a good idea as well as putting the keys away. I know because I sleep in parking lots alot when Im drunk. (JK)
Lawrence G Says:
September 5th, 2007 at 7:36 am
Main point, “he was sleeping off his intoxication!!!”, which means he was DRUNK while driving to the point to where he eventually rested, anything could have happened from where he started driving DRUNK to where he parked DRUNK. He looses!!!
John Says:
September 5th, 2007 at 7:37 am
Rizla, your an idiot. Do you have kids or family. The guy was drunk and he knew it. Here were his options:
1. Drive drunk and possible kill someone.
2. Sleep in his car without keys in ignition and die of cold.
3. Sleep in his car with keys in ignition to stay warm and live.

Option 3 was the only option he had not to kill someone. It is his right to drink and get drunk if he wants. At least he was responsible enough to not go anywhere. Most people would not have cared. Mind you, he did not leave the parking lot. He should have been more responsible prior to getting into the car, but at least he had the mind not to drink and drive.
Matthew Says:
September 5th, 2007 at 7:58 am
If the keys are in the ignition you are “operating” the motor vehicle. If you sleep in your car drunk they will wake you up and give you a public intoxication ticket. Just pay for a freaking cab people.
Bob Says:
September 5th, 2007 at 7:58 am
IT WAS F’N 25 DEGREES YOU MORONS!
P Says:
September 5th, 2007 at 8:01 am
I have also heard that if you need to do that, don’t be in the driver seat. If you sleep, do it in the back seat or the passenger seat, you aren’t the driver.
Andrew Says:
September 5th, 2007 at 8:01 am
Yeah a guy who didn’t hurt anybody but who may or may not have tried to do something that might have possibly resulted in someone else getting hurt deserves a the “give us $4000 or we put you in a box” treatment.
Mark Says:
September 5th, 2007 at 8:03 am
The article doesn’t say what seat the guy was in. If it was 25* outside, I don’t see the harm if the car was running, but the guy was sleeping on the passenger side. They it would show he had no intentions of driving, only trying to stay warm. I can see both sides of the issue, but I’d have to hear more details first.

I had a friend that got a DUI because he passed out in a McDonald’s drive thru and a cop pulled in behind him to eat something and noticed he was passed. Now him, I can see getting a ticket. He was drunk, behind the wheel, passed out. Now that was justified.

The story above.. questionable.
Lachlan Says:
September 5th, 2007 at 8:04 am
This isn’t an injustice or some awful abuse of rights, the police or for that matter the law can’t know the intentions of the driver.

If you have your keys in the ignition and are behind the wheel whilst drunk its presumed you’re going to drive. There’s no grey area.
Joe Says:
September 5th, 2007 at 8:22 am
No the only mistake this guy made weather he passed out or was sleeping was doing it in the drivers seat with the car on. If he did it in the passengers seat he would have been fine. The officer thought what most people would, that he intended do drive the car.
JaKe Says:
September 5th, 2007 at 8:26 am
Rizla,

You have no idea what your talkin about
C Says:
September 5th, 2007 at 8:26 am
This nearly happened to me. I had my keys in the ignition, but climbed in the backseat to sleep. I woke up to a cop pounding on my window. He said that he legally should give me a DUI but didn’t because I was cooperative. He just made me sleep it off in jail, but I wasn’t arrested.
PNess Says:
September 5th, 2007 at 8:38 am
i was in the same situation, it was very cold and snowing outside so i was in the parking lot in the back seat sleeping with the car running. luckly i slept off enough of the booze and it was about 4am when they gave me a breath test and i was very very close.

just stupid
Rene Says:
September 5th, 2007 at 8:41 am
Can you get away with turning on the car and sleeping in the passengers seat? This way you are not nehind the wheel and you get to keep warm.
Aaron Says:
September 5th, 2007 at 8:43 am
The mistake he made was having the keys in the ignition? Are you that dense? IT WAS 25 DEGREES! How about you try it.

Rizla - It doesn’t matter - He wasn’t driving and from what it sounds like I don’t think he had the intention to drive.

This is just human stupidity at it’s finest.
Steve Says:
September 5th, 2007 at 8:45 am
In Ohio, the laws are even more byzantine. You can’t even have the keys in the car if you’re intox. Like, even if you take the keys and put them under your donut and the cop finds you, you can be arrested for DUI.
Devlin Says:
September 5th, 2007 at 8:47 am
Here in RI if you have the keys in the car the will still arrest you and can charge you, happened to a friend.

This story is sad to say because on one side the claim is that the man was intoxicated and decided not to drive home but to sleep in his car, but when the officer arrives and finds a intoxicated man passed out behind the wheel do you really think that excuse is going to fly? how is the officer to know that you haven’t driven miles before pulling into this lot to sleep it off.

Also if you realize your to intoxicated to drive why not just take a cab home?
Bruce Says:
September 5th, 2007 at 8:47 am
What Eric says is true in Florida, somewhat. If you’re asleep in the car and the car keys are ANYWHERE inside the car, you can be charged with DUI. If the keys are somewhere outside the car, you’re OK (probably to be charged with vehicular trespassing.)

I agree with Public Enemy, F the police!
Risla Says:
September 5th, 2007 at 8:49 am
Yeah you guys are right! He should have gotten the death penalty /sarcasm…

The worst part about this is that you sheep actually believe this man’s actions justify his punishment. Who got hurt? Who died? Why did this cop have enough time to arrest a guy sleeping in his car? I wonder how many kids got into their parents alcohol while this cop was arresting this dangerous sleeping person. How dare he keep his keys in his own car!!!!
I think the real lesson here is that if you are caught sleeping in public you will be harrassed at the least and maybe even arrested if you are caught.
Welcome to Amerika.
Matt Says:
September 5th, 2007 at 8:51 am
I wonder if leaving the engine running without the keys in the ignition would be okay? You could argue that the turbo timer would kill the engine as soon as the handbrake is released anyway so it’s impossible to operate the vehicle
Brandt Says:
September 5th, 2007 at 8:51 am
The actual mistake the guy made was to NOT submit to the Breathalyzer. In NJ when you sign your driver’s license, you are agreeing to submit to the Breathalyzer when challenged by a police officer to do so. If you refuse, you are automatically guilty of DUI.

That said, had he submitted to the Breathalyzer, he could have fought the case in court and possibly been found not guilty due to the fact that this happened in February. Most judges would’ve probably found him guilty because of the way the law is written. Parked or not, keys in the ignition while you’re drunk = DUI. My suggestion, take a cab home or find a motel.
Akoga Says:
September 5th, 2007 at 9:04 am
I hope someone doesn’t listen to you Eric — you’ll land them in jail.

I’ve done it a few times, but always, ALWAYS, take your ignition key and keep it outside of the car. Put it underneath the engine somewhere in the engine block, or on top of a wheel. People have been successfully prosecuted for DUI when they were caught dozing off in the backseat with their keys sitting on the dashboard. The key is whether or not the keys are physically inside the car.
glenneroo Says:
September 5th, 2007 at 9:05 am
@Rizla: don’t be such a judgmental ass, how can you say for sure? Maybe he REALLY was sleeping instead of driving, who’s to say, all you know is what this website happened to report.

@ Eric: as you seem to have overlooked, it was 25 degrees (Fahrenheit mind you)!! Have you tried sleeping in a car while it’s that cold outside? I have and it’s not funny. Even while intoxicated, it’s quite unbearable!
kris Says:
September 5th, 2007 at 9:09 am
i half agree with the cop, and half with the guy. a) car should not have been on. and if so, not for long. b)sit in the passenger seat and only turn on the heat when you need it. but….

where was he drinking and why couldnt he stay there/get a ride?
i guess the cop was doing what he was supposed to. and was following the law. if ur gonna sleep it off in your car, i guess the moral to the story is. dont get caught…
Emilis Says:
September 5th, 2007 at 9:10 am
Have you tried sleeping in your car when it is -4ºC outside? I tried in milder but still cold temperatures and know what it is.

It seems surreal to me when you have to break a law to save your health.
liam Says:
September 5th, 2007 at 9:11 am
happened to me. state of illinois, the law is if the keys are in the car. not ignition. so, it’s almost a better idea to just drive home in the winter. pretty crappy really.
Damien Says:
September 5th, 2007 at 9:14 am
The consensus I’ve heard is the same as Erics - that if you’re intoxicated and have the keys in the ignition, you can be done for drink driving. It’s rough, but I’d go as far to say that it’s common knowledge (at least where I’m from); so I don’t feel too sorry for the guy in the original article.
steve Says:
September 5th, 2007 at 9:18 am
this is fricken nice, maybe we should have a law that says that if you OWN a vehicle you can get charged with a DUI because you probably will drive it while you are drunk. welcome to the police state people. as far as I can see, this guy did nothing wrong and the officer is a complete tool
James Says:
September 5th, 2007 at 9:19 am
it was 25 degrees, if he didn’t start the car the officer would have been reporting a dead body and not an intoxicated man.
Mike Says:
September 5th, 2007 at 9:21 am
This is ridiculous. I hate to make assumptions but: Rizla is one of those people that is completely against alcohol and would probably like to see prohibition come back. These people don’t care about common sense all they care about is if your drinking I get to make your life miserable. Drunk drivers do a lot of damage I’m not disputing that, but sleeping in your vehicle and trying to keep warm isn’t a crime even if you are drunk. The most he should have gotten was loitering.
nasher Says:
September 5th, 2007 at 9:22 am
That happen to my girlfriends brother at Mardi Gras a couple of years ago in New Orleans.
Maxamegalon2000 Says:
September 5th, 2007 at 9:28 am
I think you’re being maybe a little bit misleading. From the excerpt you’ve given it’s clear that the appeal was made on the grounds that the officer did not have a legitimate reason to inquire about the driver’s status. The concerns you raise about the drunk driving charge are inconsequential.

Also, you’re wrong. This was a perfectly fine charge.
NJ Says:
September 5th, 2007 at 9:33 am
In NJ I have been told you can be charged with a DUI for being in a vehicle with legitimate access to the keys, if you are intoxicated. The thought being that you could at any moment take the vehicle for a drive if you indeed have the ability to and are inside said vehicle. Obviously this is less then likely a charge that would be made in most instances.
Kris Says:
September 5th, 2007 at 9:34 am
Rizla: you are ignorant. I completely disagree with driving drunk in any circumstances and seriously doubt that the guy passed out when he was trying to drive home. You don’t leave the bar/club, walk to the car, start it, turn on the heat, and then just randomly pass out before you put it in drive. I have left the club before and not had anywhere to go except my car, and slept with it started to keep the air conditioning on (100+ degree days = hot nights). If this decision is upheld and doesn’t get overturned, or if there isn’t a new rule applied that says you can do it if you are in the back seat, or passenger seat, then it is only going to cause more people to drive drunk just so they don’t get caught. You need to realize that the people that sleep in their cars instead of driving are the ones you don’t have to worry about, and concentrating on them is only going to make them into the ones you DO need to worry about.
Mike Wazowski Says:
September 5th, 2007 at 9:35 am
Back in the days when I was younger (and leaner) my vehicle was my loveshack (since I lived w/ my parents) so many a winter night we would go to isolated places so I bypassed the ignition hot with a toggle switch. The car would run after being started with the key if you hit the toggle and removed the key and the steering and shifter were locked, I wonder if this would have been a loophole towards the DUI issue.
Joe Says:
September 5th, 2007 at 9:39 am
“You WILL NOT get a DUI if you sleep in your car, that only happens if the keys are in the ignition.”

I can tell you right now that is not true in the Illinois and a whole lot of other states. This is a common misconception. In Illinois, you will get a DUI if you are within 30ft of your car with keys. Hell, you can throw you keys away, but if the cops find them, you’re getting a DUI. The letter of the law is one thing, but don’t think for a minute that a cop won’t do everything in his power to bust you.
Rahn Says:
September 5th, 2007 at 9:40 am
This is another situation where the technicalities of the law burned someone. This person was OBVIOUSLY trying to be responsible about his drunken state. Granted, he’s at fault for getting that way, then getting behind the wheel of a car, but at the same time, he was aware enough to not be an accident waiting to happen.
Perfect.. Now the next time him or anyone else that’s read this finds themselves having drunk too much and behind the wheel of a car, wont
bother to avoid being a public safety risk. Instead they might as well just try to drive home without killing anyone since sleeping it off inside the car is not an option..
Brilliant.. truly..
d e Says:
September 5th, 2007 at 9:42 am
yes, and hope he would survive the warm 25 degree weather…
al Says:
September 5th, 2007 at 9:43 am
Keys on the dashboard? What it if’s 25 degrees Fahrenheit outside?
Bob Says:
September 5th, 2007 at 9:48 am
So the mistake he made was sleeping in a warm car instead of an icebox? Laws and law enforcement are about protecting the populace… DUI laws intended to keep intoxicated drivers from causing harm. Now tell me, who was protected from harm in this situation? Some poor sap did the responsible thing and kept himself off the road, and this is how we reward him?
Jesse Says:
September 5th, 2007 at 9:48 am
To what Eric said, I know over here in Connecticut the keys can’t be within reasonable distance of you. So you have to go place the keys on the opposite side of the road or in the woods. That way you are “unable” to drive your vehicle
Jamey Says:
September 5th, 2007 at 9:50 am
I have a best friend that the same thing happened to he was visiting a friend at college and had planned to sleep in the frat house, there was a misunderstanding and the frat brothers spray painted his shoes put Kool-Aid in his hair and covered him with flour so he went and slept in his car thinking that as long as he didn’t drive he would be ok, but the car was on because it was in the middle of December. The officer even noted in his statement the purple hair and spray painted shoes and my friend still ended up getting a DWI.
Bill Says:
September 5th, 2007 at 9:50 am
As far as I know (my father is a county judge) the issue was that he was in the drivers seat. If he were sleeping in the passengers seat, he would have been fine.
Rav Says:
September 5th, 2007 at 9:50 am
so according to you two (Rizla & Eric) he should not have pu t the keys in the ignition…and slept there in the cold???

his car was parked, he was sleeping off the booze…would u rather have the guy drive home and sleep or sleep in the car in the parking lot???

laws are not always right…we humans have something called “LOGIC” and “COMMON SENSE”

he prolly saved someones life by sleeping in the car…which some idiots refuse to see
Reason Says:
September 5th, 2007 at 9:50 am
If there is no injury, there is no crime. This man should be exonerated completely. BTW, what the heck is “conditional guilty plea”. I plead not guilty, thank you.
J
Digifuzz Says:
September 5th, 2007 at 9:54 am
I’ve always thought this was pretty ridiculous. I understand they’re just trying to cover all bases… I’m sure they hear “I wasn’t going to drive officer, honest” all the time, along with a wide variety of other lies/excuses, etc…

But there should be a little bit of common sense used here. At least some benefit of the doubt. If was February, and cold. Having slept in many a car in my exuberant youth, I can tell you first hand that mid-winter, it can get cold in there quick. Specially with leather seats. Heat is essential. Now, I give this guy props for having enough sense to (1) not drive, and (2) have the heat on before he passed out. Hypothermia anyone?

I truly believe that the police do a disservice to the public sometimes. But hey, it’s not truly about keeping us safe anymore. It’s about making money. Like any other business, making money is top priority.
John Says:
September 5th, 2007 at 10:05 am
Eric, the guy had his keys in the ignition because, as the story points out, it was 25 degrees outside. This simply illustrates flaws in the wording of the law.

Rizla, you sound like a self-righteous fascist. How can you possibly know what this guy’s intentions were? The whole point of DUI laws is to protect the public. We can all agree that people driving while intoxicated increases the risk of an accident for everyone on the road. However, sitting in your car while intoxicated does not carry the same risks. This man’s conviction, at the very least, contradicts the spirit of the law.

When a court takes action, in the form of codifying law, they send a message to citizens. The message they sent here is: If you are drunk and your options are to either sleep in your car or drive home, drive home. Because if you are caught sleeping in your car while intoxicated, you will be charged.

I’ll be sure to remember the court’s message. Should the situation ever arise, I will drive home.
Nick Says:
September 5th, 2007 at 10:06 am
Its an example of a system set up to enforce buracracy unwaveringly, while no appeal can be made to simple reason. Keys in the ignition, on the dash, the car wasn’t moving. It doesn’t matter, its about following rules exactly. They would NEVER take someones word that he wasn’t planning on driving, and we all go along with it because we don’t trust people any more. We trust the buracracy.
John Says:
September 5th, 2007 at 10:06 am
I can see the issue with the car in park and the motor running. The office had no idea of the guys intentions. I got a DUI in a broken down vehicle in MS. I basically broke down on the way home on a deserted stretch of road. I didn’t have my cell phone so I figured I would drink the daquiri that I purchased and go to sleep and wait for daylight and walk. Next thing I know, I wake up and there is a police office wanting me to take a breathalyzer. I refuse then he takes me to jail. He proceeds to write me a ticket for DUI and driving on the wrong side of the road. I go to court, the guy lies and says that I was trying to impersonate I MS Highway Patrolman (Where did he get that from?). They wound up throwing the driiving on the wrong side of the road charge out, but I still got a DUI. I’m $2000 poorer from the experience and I have a drastically diminished view of our justice system. In my case, it could have been anyone out there, if he didn’t like you he could have made up anything and basically stick you with a DUI. MS Highway Patrol don’t have to document their DUI stops so by the time your court date arrives, it’s basically the Partolman’s memory against yours. It’s terrible.
Stupid Says:
September 5th, 2007 at 10:19 am
You two are missing the point. It was 25 degrees. That is below freezing. I think there are facts to this that we are missing. The way it is presented in this story is pure BS and intended to rile people to his cause…maybe that is what we should do, or maybe we should side with the officer. We dont have all the facts.
ss Says:
September 5th, 2007 at 10:20 am
my little sister had same exact situation… at party with friends, party ends late night, it’s the middle of winter, everyone gets kicked out - so her and her friend go to her car KNOWING they can’t drive anywhere - it’s below freezing outside minimally.

so the car gets turned on finally for heat and both her and her friend get in back seat of car. With in minutes the cops that were staking out the party rolled up and gave her a DUI, and threw her in the drunk tank for the night.

she wasn’t real clear about the key in the ignition rule at the time (she is now!) but was obviously not too drunk to think about the situation - that’s why she got out of the drivers seat… thinking that would help… obviously not…

So her only options were:
sit in car and freeze to death (keys out of ignition of course), OR start walking towards town and freeze to death (oh! and risk getting taken in for Public Intoxication), OR sit outside of the house she got kicked out of (freeze to death, AND OR get ticketed/taken in for public intoxication)

My opinion on the subject is that i think the PoPo should have to have a little bit more PROOF that the D in DUI was/has been committed. Keys in the ignition seems a little bit wack to me as the ultimate deciding factor. Lack of evidence, proof of situation, all of it… HOWEVER, seems to me that the PoPo do what they want when the want anyway - so i guess in the end it simply doesn’t matter what the laws, rules, or any situation really is.

The individual cop will do what they want, when they want. They break rules, and live by some PRIVILEGED law that the rest of the american people have no access to.

Moral of the story is: Never lose control of yourself to a degree that will have anybody question you about it. AND steer well clear of any law enforcement officers of ANY kind. READ about your rights, laws, and any other info that will help you do the right/best thing possible in any of these situations.
Anonymous Says:
September 5th, 2007 at 10:23 am
Give me a break, it was 25 degrees outside. Got what he deserved? I hope you find your dignity.
Nether Says:
September 5th, 2007 at 10:24 am
I know a guy who got one while he was in the back seat of his car. Winter, car running to keep him alive. DUI. Who is he endangering? What a joke this country has become.
shadowspawn Says:
September 5th, 2007 at 10:31 am
Something like this happened in Morristown, NJ. We were at a bike party and we were all smashed. Most of us decided to sober it up by just sitting around or passing out… well one decided to sleep it off on his bike, backwards. He was arrested and convicted of a DWI simply because the ignition keys were in place. Under NJ Laws, once the ignition key is in the ignition, one is considered “operating” the vehicle.

As kids we learned ways around the NJ Storm Trooper’s little tricks. We took the pins out of the ignition locks so we could remove the keys (and sleep in the back with the radio on, even if sleeping with the car off but the keys in you are considered operating)

The best way out of corrupt cops breathalyzer (typical example: Oaklyn’s “White Horse Willy”, who used to stalk innocent drivers on Rt 30 and used a tweaked breathalyzer to extort, convict, or harass ) is if you even think you are drunk, keep a bottle or pint or even a beer in the trunk. While the cop is running your stuff, while he’s in the car, jump out (ignore the warnings, just always show your hands), reach into the trunk, and crack open the bottle, start drinking in front of the cop car. You won’t get a DWI, you’ll get a drunk and disorderly or public intoxication, and maybe another misdemeanor class c for whatever the cop wants to get you with for ignoring his warnings to stay in the car… but the 200-400 dollars worth of fines (and bail) is nothing considering what a DWI or DUI will cost you.

from personal experience, this works. it’s way less than what NJ cops try to rape you for. Just don’t be an ass about it, and when asked make sure you tell the cop in front of his camera why you drank in front of him, especially if you were feeling nervous. Of course there are con’s to this… one cop fuzzed up the video tape with a magnet. Luckily the guy was on speakerphone with his lawyer who was recording the whole deal.
Dom Says:
September 5th, 2007 at 10:34 am
@ Eric

Did you read the article where it stated it was 25 degrees outside? Sure he can sleep in the car turned off, leave the keys on the dash, and freeze to death while sleeping
Josh Says:
September 5th, 2007 at 10:37 am
Review: It was 25 degrees. Lets assume that he did not pass out on his way to shifting the car into drive. He was using the engine as a heater in his car. The car was at no point observed moving. The law in that state makes having keys in the ignition while intoxicated illegal.

The point here is that the result in this case is unjust. The police should have checked on this man. Something could have been wrong as a car was left running with an unconsious driver. If the officer found the man drunk and the engine running the law states that this is a DUI. The simple fact is that the man was not driving when the police arrived. The law needs some revision to account for common sense and personal responciblity.
Anthony Says:
September 5th, 2007 at 10:39 am
No, you would be arrested for public intoxication and/or placed into protective custody. The urinating in public charge would not happen until you were in the back of the police cruiser and tried to pee on the officer through the steel and glass security window.
Brian Says:
September 5th, 2007 at 10:42 am
Eric is right. I thought it was fairly well known that having your keys in the ignition will get you a DUI; but I’ll digress. I think this law applies to most or every state.
charbo187 Says:
September 5th, 2007 at 10:42 am
you guys dont get it “it was 25 degrees Fahrenheit that February morning and he was trying to keep warm.” Thats why he had his keys in the ignition.
TI Says:
September 5th, 2007 at 10:50 am
Yeah, I got hit with this too in NJ. Except it was 95 degress Fh I had the AC on. I was cuffed and stuffed and my truck was impounded. A very costly mistake!!!
Michael Says:
September 5th, 2007 at 10:51 am
You guys must not understand the law to defend this guy.
It really doesn’t matter if he was driving or not, or how cold it was outside, etc.
Most DUI laws are written to criminalize the act of “operating a motor vehicle” (not specifically driving) while under the influence. That would include sitting in the drivers seat of a parked car and even listening to the radio, or running the heater (as those are vehicle operations).
The guy should have saved himself the trouble and called a cab, or had the bar call one for him.
Bruce Says:
September 5th, 2007 at 10:53 am
OK THE LAW STATES. YOU CAN SLEEP IN YOUR CAR IF YOU ARE INDEED INTOXICATED. HOWEVER, IF THE CAR IS RUNNING, OR THE KEY IS IN THE IGNITION, YOU CAN GET SITED FOR DUI. ONLY WHEN THE KEY IS IN THE IGNITION PLUS. YOU ARE PERFECTLY SAFE TO SLEEP IN YOUR CAR.
DaveS Says:
September 5th, 2007 at 11:09 am
The opinions on this site are pissing me off! The people on this site who say that “He got what he deserved” are the same busybodies who are busy taking away our freedoms in many different areas. This guy didn’t hurt anyone. If you are going to prosecute people on what they might do, we are all in trouble every time we get behind the wheel. Let’s face it, this “DUI” was driven by $$$, not public safety.
rob Says:
September 5th, 2007 at 11:15 am
the law says if you are intoxicated, you can sleep in your car provided the keys are not with you. the man had the car running so technically was violating the law. it sucks, but it makes sense if you think about it. anyway in this particular case the arrest seems a tad unnecessary.
bill Says:
September 5th, 2007 at 11:18 am
DUI is driving under the influence. Driving is an act. The law’s intent I believe was to the health and welfare of the individual and potential victims. No intent or act was done by this individual. Contra to that the individual was acting responsibility. This is bad judging not bad law.

this is why dems and reps work so hard to put slanted judges in powerful positions.
Jesse Says:
September 5th, 2007 at 11:20 am
Anybody who said he got what he deserved is a god damned retard, but I know I’ll be driving home drunk instead of sleeping in my car, maybe I’ll hit one of you assholes and then you’ll figure out maybe I should have sat in my car with it on to sleep it off in the freezing cold.
Patrick Says:
September 5th, 2007 at 11:26 am
in IL having the keys in the ignition is the law. sleep in your truck, car, van whatever, just dont have your keys inthe ignition.
Mark Says:
September 5th, 2007 at 11:26 am
Simple. If you are in a car with keys in the ignition and sleeping that is consider “in motion” vehicle. You will get DUI. Now, if he was in the passenger seat and sleeping, and the keys were in the ignition then that is not a DUI, I would take that to the court.
Joseph Says:
September 5th, 2007 at 11:31 am
This is what’s referred to as an “imperfect response to an imperfect system.” I don’t think that he deserved a ticket in this situation, but the law’s the law. Someone said that you have the right to get drunk off your a$$. That may be true, but only within the bounds of being responsible. The responsible options would have been:
1. Get a cab ride home.
2. Get a friend to bring you home.
3. Keep some warm clothes in the car so you can sleep there. Even if you would be allowed to sleep in your car, you run a significant risk of carbon monoxide poisoning, which (I’m no medical expert) I would imagine isn’t improved by the alchohol.
4. Not get drunk. Just sayin’.

Only the guilty have to be afraid of the law. Even if you’re innocent and get arrested, the facts are still on your side. And don’t whine about how you’re getting screwed over. Just remember: “Life sucks. Then you die.” It’s not really my motto for life, but it helps remind me that there’s always going to be something. If it’s not this it’s something else.
Tyler Says:
September 5th, 2007 at 11:35 am
All you people who say “He got what he deserved” are a bunch of pricks. You are talking about the law as if it is morally right because it is the law. That’s backwards. The law should fit what is morally right, not dictate what is morally right.

The guy tried to do the right thing by trying to sleep off the booze in his system. For his good deed, he got a DUI. Had he not been a good citizen, he would have simply driven home completely wasted and possibly killed someone. If he had intended to drive home, which is what is being called into question when they talk about intent, he would have done so as soon as he got in the car.

If you think he got what he deserved, you seriously need to rethink your sense of right and wrong, and possibly take a course in logic.
Joseph Says:
September 5th, 2007 at 11:39 am
Possibly let me restate. If he did something illegal (which, by law, he did), there’s no use whining. Man up and take the punishment for something you did. If the law is a problem, take it to your congressman. That’s what responsible citizens do.
klein Says:
September 5th, 2007 at 11:44 am
Finally someone who is being responsible by not driving and he gets in trouble? This is ludicrous. In my youth, I did the same thing numerous times, too drunk to drive. I just woke up the next morning, stretched and drove home.
Old Pro Says:
September 5th, 2007 at 11:44 am
Moron. I learned at 13 that you can sleep in your car - NO KEYS IN IGNITION.
dipshit.
Sully Says:
September 5th, 2007 at 11:47 am
You guys are such n00bs!! When I have done this I turn the car on but I sleep in the passenger seat! And then you just deny that you parked it there!
John Says:
September 5th, 2007 at 11:53 am
My Uncle and his son were arrested for dui because they were sleeping in the back of their truck, mind you their truck was a toyota truck and for those of you that dont know trucks, the toyota truck has a shell on the back usually which they did have, along with a airmattress and the keys werent in the ignition and they would have to open the shell and the tailgate to get out walk around open the drivers door and sit down in order to drive, the window that connects the cab to the shell is too small for them to fit through, i mean to anyone that would have seen it happen its obvious that they were trying to avoid driving by sleeping in the back. but they did, i for one think it is wrong to charge someone with dui for just sleeping in their car drunk because they are trying to avoid being charged.
Super Says:
September 5th, 2007 at 12:39 pm
It is very common all over the world. Usually, the infraction of DUI is to have the control of a vehicule while under the influence of a substance. Techincally, you can be charged with this infraction even if the engine is not running.
Mike W Says:
September 5th, 2007 at 12:57 pm
I think we should all remember, that as the law is stated (assuming if key in the ignition is punishable), then guy should have been cited. What I think everyone should be looking at is if the law is right. I think that it possible this guy had good intentions seeing how it was 5 AM and US bars usually close at 2 AM. But we as citizens need to take responsibility and change the laws if they are not correct. i.e. going out to vote. It is your civic right to vote and when we don’t do that then you have no room to complain. Petitions are pretty simple to pass around …
Anon Says:
September 5th, 2007 at 1:06 pm
Well screw it. If I’m going to get a DUI anyway… you might as well take your chances and drive home. If you make it — you’ll be sleeping in your nice warm bed. Throw the dice and take a chance.
Kurt Says:
September 5th, 2007 at 1:12 pm
I would much rather have the guy sleep in his car than drive home and kill me or a family member on the way. If he passed out a traffic light or stop sign that is one thing, but if he is in a parking lot that is another thing. When you make black and white laws gray makes them look counterproductive. I am completely opposed to drinking and driving, but to charge this guy with same offense as someone speeding, swurving, and endagering others is not the form of justice that I want my tax dollars to support.
christasleeve Says:
September 5th, 2007 at 1:20 pm
Whether he was going to drive or not, the fact is that he WASN’T driving. He wasn’t pulled over by the policeman, he wasn’t running into things… he was asleep.

I think DUI have become somewhat corrupt… people forget that the ‘D’ stands for “Driving”. Perhaps they should pass a new law that handles situations such as this, but he definitely shouldn’t have been charged with a DUI.
Mike W Says:
September 5th, 2007 at 1:24 pm
It is called OVI or OWI and means Operating a Vehicle while under the Influence or Operating While under the Influence, I am not sure but check it out, I am pretty sure a lot of states have gone with this Nomenclature becuase if covers drugs, alcohol, riding bikes while under the influence, all kinds of stuff.
Anonymous Says:
September 5th, 2007 at 1:54 pm
Man Gets DUI For Sleeping in Parked Car…

Apparently the ‘D’ in ‘DUI’ does not have meaning anymore. David Montalvo, 36, was arrested when he, in a responsible fashion, decided to sleep off his intoxication in the parking lot of the Market Place Deli. He was charged with DUI….
nate Says:
September 5th, 2007 at 2:50 pm
It really doesn’t make any sense, if you go to any bar, on any night, and look at the cars parked in the parking lot, 99% of those cars will be driven home by a drunk person before the night is over. If the police really wanted to catch drunk drivers they could just wait outside any bar and stop everyone who leaves.
yo Momma Says:
September 5th, 2007 at 2:52 pm
i know this is not right but the problem here is that the car’s ignition was on.
That is where the DUI Charges come into play.
Plus you need to be in the back seat of the car to avoid any penalties.
$4000 +….. das gotta hurt…
Anon Says:
September 5th, 2007 at 3:02 pm
I have news for all of you, the police can do whatever they feel like. I was sitting in my truck in my own driveway one night talking on the phone to my brother and listening to the radio on a beautiful spring night, and drinking cold beer watching the police bust a party kids were having down the street. One of the officers leaving the party bust stopped in front of my house, walked up my drive and asked me if I lived at the residence, which of course I replied politely “yes”. His next question was are you drinking beer, which I replied, “yes”. Long story short, it all went downhill from there, I was arrested in my own drive for sitting im my vehicle with the keys in it. I had no intention of going anyhwere. I hired a high dollar attorney to fight the obvious infringemnet of my constitutional rights. Wrong, the officer lied at my DMV hearing and said I started the truck and tried to run over him, I WAS IN SHOCK. So lesson learned. Never even be close to a vehicle when drinking, you are open to be arrested. Oh by the way right after my truck was towed out of my own driveway and the officer got in the cruiser and started to haul me off, I cussed that sorry bastard all the way to jail, more than likely I sealed my fate which led to his lies in court.
David Greiman Says:
September 5th, 2007 at 3:24 pm
The sad reality is that the government can arrest you at any time and find some sort of law to charge you with. Freedom in American is dying.
CyberFreq Says:
September 5th, 2007 at 3:26 pm
Wow, same thing happened to my dad. Sad really, i mean the car wasn’t even on and he was just sitting there waiting for his friends to come back out of a building they went to. He wasn’t even in the driver’s seat.
Cheezepoop Says:
September 5th, 2007 at 4:17 pm
Ultimately The Law is the Law whether it’s fair is another matter and should be reviewed in the proper way if needed (this is what you use your vote for)

However my thoughts are

Where does this current law leave camper-vanners or RV users if they get drunk?

If this is based on your intention then you’d get DUIs for getting up in a bar and saying “alright guys i’m gonna drive home” even if your friends stopped you.

If you saw a hot girl and thought “I’d hit that” only then to find she only looks 18 but is actually under age (as many teenage girls do), you’d change your mind, but with this DUI type law are you a paedophile? No.
You might see a opportunity to steal something and think yeah I could pull that off, but you don’t because you decide that it’s wrong are you a theif? No.
..but if you get into a car then the law says you have the intention of driving it even if your slow drunken mind eventually tells you it’s wrong and you decide not to drive

Maybe car manufacturers need to add an ignition keyhole in the boot/trunk which starts the engine and provides heat/lights/radio but clamps on the brakes, locks the steering and locks the gear-stick/shifter in neutral/park. and records the last time the car was driven.

Police need to be catching people who are driving drunk and putting others at risk, not those who’ve done good by not driving drunk
Will Says:
September 5th, 2007 at 4:30 pm
If you read the police statement (http://www.thenewspaper.com/rlc/docs/2007/nj-parkingdui.pdf) you’ll see that he was in the driver’s seat, with his foot pushing down the accelerator. He wasn’t outside of a bar, he was outside of a deli that had been closed for hours - clearly he didn’t just go out to his car to sleep.

This is not a responsible person we’re talking about. So stop defending his sorry ass.

His prior responsibility aside (let’s just assume for the sake of law that he wandered to his car he had parked away from where he was drinking rather than driving to that point) - the car was RUNNING, and his FOOT WAS DEPRESSING THE ACCELERATOR. Do I need to spell out how dangerous that is? So he didn’t hurt anyone, but he easily could have put others at risk or damaged others property should he have slipped and put the car in gear while driving.

If he was being so ‘responsible’ and ‘good’, then he should have taken his keys out of the accelerator. I don’t care how cold it is outside (I live in Minnesota - we don’t take the cold lightly) - the situation he was in put himself AND others at risk.

There’s nothing wrong in this story - if you’d report the WHOLE story. Stop fear mongering where there isn’t a clear line. There’s plenty of fucked up things going on in the US - stop crying wolf because you’ve run out of stories or are too lazy to do your damn research.
LiFer Says:
September 5th, 2007 at 4:34 pm
makes me think twice about sleeping in the car again
fsn Says:
September 5th, 2007 at 4:34 pm
Any law that talks about intent is retarded, no one can truly know what ones intent is.

@Rizla, you are a retard. You must of never been drunk before. I own a gun, and just because i could easily open my window and shoot some one on the street does not mean i will. As previously stated you do not know what his intent was and have no way of knowing. You can not drive a car if the transmission is in park. It is physically impossible because when you put your car in park the wheels that the transmission power are locked.

@ Chris, Obviously innocent people do have something to fear. Drinking is not illegal. Sleeping in your car is not illegal. Being in a parking lot is not neccisarilly illegal. Because of this the cop has no reason to say anything to him. Just because you are a cop doesn’t mean that you are allowed to question the actions of every little thing. The next step to that is asking for your papers comrade. Cops are not necessarily smart people. They like everyone else are just trying to pay their mortgage. That in addition with quotas means that the law essentially means nothing. As long as the pay check comes every two weeks the actions do not matter.

I AM NOT A 100% ON THIS, but in GA i think cops will not even bother with people in parking lots because they are private property and only if the property owner feels something is wrong will the cops do anything. My friend got into an accident in a parking lot and the cop would only write a police report for the insurance companies. No citations because it was not government property.
matt Says:
September 5th, 2007 at 4:58 pm
What everyone is missing here is the guy was arrested in New Jersey and everyone knows Jersey has some of the strictest alcohol laws around. You can’t even buy beer at a gas station here you have to go to a liquor store or a bar for any alcohol. Anyone actually living there should just expect to have to cops hassle you its how it goes.
Gazza Says:
September 5th, 2007 at 4:58 pm
Being in the unfortunate position of being an Englishman living in the usa (lower case seems appropriate), I can sympathise. I live in a reasonable city and the nearest bar is over an hours walk away, I don’t think I have ever lived that far away from a bar/pub in Europe.The taxi’s are a joke and there is no public transport…NONE. Not to mention that every member of the police service in this country is about as intelligent as a very dim nightclub bouncer and they have weapons!! This country is a shambles, a police state no less. I’m sure the Russians never lived under such duress even during the height of the communist era. As for comments about how many people are killed by drunk drivers, please be aware that most of those are drunk people walking home who stepped into a busy road or fell off the sidewalk, they are all classed as death involving drinking and a motor vehicle. Far more pedestrians are killed by sober, stupid drivers, should a license require an IQ test?
fsn Says:
September 5th, 2007 at 4:58 pm
Under the doctrine of the separation of powers, the judiciary is the branch of government primarily responsible for interpreting the law(WIKI). DUI laws where written to keep drunk drivers from killing people and what not. The guy in the car was not harming anyone and it was 25 degrees out. Why was he drunk, he had been drinking. Why was he in his car, the bar kicks him out because its closing. Why did he got his car, to sleep. Why where the keys in the ignition, it was fucking 25 degrees out. And he didn’t want to die. Knowing that the DUI laws where written to prevent drunk drivers from killing people why does he get fined for essentially maintaining that spirit. Murder is often considered ok if in self defense. Murder is also against the law. But when its your life or the law, your life is more important and courts understand that. Thats why you can kill someone (for the most part) in self defense. The mans actions where reasonable in this situation and its the judges fault for not seeing it.

In a perfect world where cops intent where to keep the public safe the cop would of taken the man to a holding cell and let him sit for the night and let him go in the morning, everyone wins. No drunk driving. No dead frozen body in a truck. No keys in the ignition. No paper work. And at the end of the day everyone is happy and the police are viewed as helpful people whos intent is never to “get someone”. That world exists to some extint in my neigborhood, but if i travel to far i end up in the police state that is much of America.
seth Says:
September 5th, 2007 at 5:18 pm
tis bullshit, cops are power trippin assholes, what if he just wanted to listen to the radio so he needed his keys in the ignition. Since when is it illegal to be just UI not DUI.
wegin Says:
September 5th, 2007 at 5:36 pm
The only way to guarantee you will never be in this position, is just not drink. I’m sure with about 10 seconds of thought, you could find something better to do with your time anyway.
don Says:
September 5th, 2007 at 6:36 pm
A couple of points:

Read the DUI laws, the verbage is “operating a motor vehicle while under the influence”. So is the car is started, you are operating it.

No, a private parking lot is not insulation from a DUI, in fact you cannot even drive in your own backyard while under the influence.

No one is required to take a field breathalyzer or field sobriety test of any kind, and it never translates into and automatic guilty, in any US state. The key word there is “field”. Now if they take you to the station, you must submit to a sobriety test and refusal at that point does equal an automatic guilty and loss of license.

Finally, in many states, it is illegal to sleep in your car, period, regardless if you have been drinking or not.

Sad, but true.
jeff Says:
September 5th, 2007 at 7:22 pm
You must take keys out of ignition and sleep in the back, this is the law.
If the keys are in the ignition how do you know he didn’t just start to pass out and pull over (to save his car not because he gives a shit) I think he’s just trying to act all innocent. being drunk in driver seat should be illegal.
David Says:
September 5th, 2007 at 7:42 pm
I wonder how laws would react to me sleeping in the back of some SUV, r/v, or some other vehicle designed for sleeping. If some part of the vehicle is working, like the heater, but the keys are not in the ignition does it still show intent? I don’t think so.
Sounds to me like these people who sleep it off in the car are doing the right thing instead of driving under the influence, which is deadly. Who’s going to be hurt by sleeping the back of your car?
There needs to be a movement to align this nation’s laws to some logical level where one can sleep in their own car under most conditions and not be punished.
I’m sure there are times and places where sleeping in your car is not a good idea. But, I doubt most people in these cases are guilty of any true criminal activity.
Sam Liddicott Says:
September 6th, 2007 at 7:47 am
H was he forced to plead guilty?

Thats the bit that worries me….
Norm Says:
September 6th, 2007 at 9:17 am
Jesus Christ, people. It was 25-degrees Fahrenheit. He’d have died if he hadn’t had the engine running. Given that he was drunk, he made the responsible decision to stay in the car *without* driving it. I used to live in NJ and this kind of law enforcement idiocy is par for the course there. I moved to get out of that hell and into a state with smarter law enforcement.

To those of you who agree with the judge, I can only hope you are cursed with a similar miscarriage of justice.
the worlds turning gay Says:
September 6th, 2007 at 4:34 pm
did’nt you read the fucking thing, it was fucking cold outside, and not having a blanket how else was this guy suppose to stay warm. i feel for him, here in california a cop woke me up for the same reason, i was drunk sleeping in my truck with the engine running so the heater would work, and a cop woke me up, but i didnt get a dui because this cop had half a brain and some sense.
beckweth Says:
September 14th, 2007 at 11:26 pm
If he had taken a cab - fallen asleep, and the cabbie go out and left the cab running - under this logic he’s still guilty of DUI!
hiutopor Says:
September 18th, 2007 at 4:05 am
Hi

Very interesting information! Thanks!

G’night
Man Gets DUI For Sleeping in Parked Car « Top Offbeat News Says:
October 10th, 2007 at 11:00 am
[…] read more | digg story […]
Guerilla Blog Says:
October 19th, 2007 at 12:41 am
[…] Apparently now you can’t even sleep in your car when your drunk. I guess they would prefer him to be sleeping on a bench and then get in trouble for public drunkenness. This one is also scaring the crap out of me. DUI’s should be reserved for actually driving under the influence, not for being in a position to drive. What’s next? A DUI for drinking with your keys in your pocket? […]
TheLawsTheLaw Says:
November 9th, 2007 at 4:14 pm
Now I know how the countries gotten into this mess. “The Law is The Law” indeed. There you have it, folks with the mental functioning of a five year old — Whatever Mommy says is right, no questions asked.

No expectation that the cops will have a lick of sense, or the judges. No, we can’t trust in human judgement but instead want them to robotically follow algorithms (at least when it’s in their interest). Nice little craptalicious collections of Nazis.

The Law is an ass.
I’m A Pundit Too | Carnival of Political Punditry - November 11, 2007 Says:
November 11th, 2007 at 11:42 am
[…] Billy presents Reflections From A Rotting Nation » Blog Archive » Man Gets DUI For Sleeping in Parked Car posted at Reflections From A Rotting […]
Principled Discovery » The 15th Carnival of Principled Government Says:
November 12th, 2007 at 10:10 am
[…] from a Rotting Nation dug up an interesting story in which a Man Gets Arrested for Sleeping in a Parked Car. I agree that given the circumstances the officers acted appropriately in their questioning of the […]
This is Not My Country: Last one of the Year | hell's handmaiden Says:
December 1st, 2007 at 6:21 pm
[…] the US necessarily be worse? Mike’s second offering concerns a troubling case of DUI– Man Gets DUI For Sleeping in Parked Car. Is sleeping in the car with the car on and the heater running enough to warrant a driving under […]
Adam Says:
December 2nd, 2007 at 9:00 pm
I’m in the UK and have just tried for the last 2 hours to find what it actually states in the law but it isn’t readily available which sucks, how is the general public supposed to know whats legal? I sleep alcohol off in my car quite often but I sleep in a sleeeping bag with the seat fully reclined and the keys in the glove box. If a policeman were to accuse me of being DUI when unable to actually use the pedals due tot he sleeping bag then i’d probably have to be arrested for assaulting a police officer too.

From reading all of the coments on here I think i’ll stick towhat i’m currently doing but perhaps make sure i’m sleeping in the passenger seat, not the drivers.

Oh yeah and if you’re going anywhere that may be cold, bring a sleeping bag regardless, it doesn’t weight much and may save your life and a hell of a lot of petrol if you need to sleep in your car.
Kathy Says:
December 21st, 2007 at 1:17 am
Technically, you are ops… if you are in a position to do so.
I didnt write the law, I don’t aprove of the law.. but that is the technicality.
Should this person have been FINED… no, a smack on the wrist and a warning was in order. HOWEVER, he was NOT in a bar parking lot… he was in a DELI parking lot.
Thus… presumably leading the cop to believe that he HAD been driving, and pulled over to take a lil nap.

There are some interesting misconceptions about obvious facts here also.
If the vehicle was in decent working order, there was no risk of CO poisioning.
YES, I can get drunker than hell and tear up the back yard… with any type of vehicle I please.
It’s when I LEAVE the back yard, I could get in trouble.
YES, I CAN play the radio, while sitting on the HOOD of my vehicle, and drink a beer.

I know people that have gotten busted for drunk lawn mower driving ops… (drove to store, more beer)
Drunk carriage driving (dunno why, the horse wasn’t drunk.)
Drunk golf cart driving (once again on the road.)
Not a ONE of the above was a danger to anyone, but maybe themselves.
If a sober driver or pedestiran, can’t dodge one of those… they need to be evaluated.

But… the laws are made by idiots. Mostly started by the MADD mommies. I suggest ya’ll that aren’t crazy, join DAMM

I still giggle… when I remember the cop that showed up and gave us a STRICT warning… We were all pretty shit faced, four cars running, one in each bay, complete with smoke tubes.
DOORS DOWN… Ya’all could be in such BIG TROUBLE…
YEP… guess so, except the doors are down… two of the cars are up in the air and ain’t going anywhere… one is on a jack, with only two tires… where you think we are taking these rides?
Oh, yeah… and the one on the pit… freaking blown head, we don’t think it will make it up the hill…
He left, kinda pissed… and it was funny….

So, my suggestion, if you want to sleep drunk in your car, AND run the heat/ac… is jack that muther up, remove a drive tire, and take a little nap.
Toss that tire on the trunk… you are now basically inop.
Make sure it isn’t FLAT… and sure, it’s a pain in the ass… but… you aren’t considered mobile, as far as I know.
I guess you COULD BE… but even the dumbest cop MUST know you ain’t getting too far on three and a rim.
(Yeah, yeah… I’ve limped one in for several miles like that), but cops get all paranoid if thier tire pressure is low… lol
D Says:
December 26th, 2007 at 11:02 pm
This is a rediculous case. This guy was doing everything right under the circumstances, and he got reamed for it. Sleeping in the car is legal, being drunk in the car is legal, and traffic laws apply only on PUBLIC ROADS. Being arrested for DUI while parked in a private parking lot sleeping off the juice is a great example of the idiocy perpetrated upon citizens every day by the so-called police.

I have slept in the car after drinking plenty of times, and even turned the car on for a few moments to warm up the air (can be important when sleeping in a ski area parking lot). I think the suggestion that he move to the passenger seat is dangerous - with the vehicle running, it is always best to have someone at the controls in case of any unexpected failure in the vehicle (e.g. slips into gear).

The guy should have appealed, as there was no basis for the search, and he was not operating the motor vehicle in any conventional sense. The judge was an idiot (not the only one, I might add).
Jim Says:
January 31st, 2008 at 3:56 am
Just the other night, I was Drunk and throwing up. I decided to go out to my van to get some air in my own driveway. My wife thought I might drive so she called the police and I got arrested for DUI in Ct… WTF.
Louis Vuitton Says:
March 12th, 2008 at 3:40 pm
I think it is not right and against human rights to arrest someone for DUI when they are not actually driving and just waiting till they get untoxicated.
MARY LOU DECUOLLO Says:
March 30th, 2008 at 2:49 pm
how can a person get a dwi when he is in a off road parking area, truck turned off, keys are not in the ignition, keys in own pocket, police pass by truck 4 times, he parks his vehicle and walks over to you, asks you to get out of you vehicle proceeds to give you the road side test, clicking your heals, point to nose, etc, person passed the test and then other person in vehicle is arrested and you get a dwi, reckless diriving and truck search
how can this be if no keys in ignition, hired attorney, truck impounded, and court date is soon, how can that be possible what does dwi mean if you are not driving and no keys in ignition.

Man Gets DUI For Sleeping in Parked Car

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