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.
This story absolutely blows my mind. Everyone who commented about sounds to me to be more qualified to be the judge than the man who gave this person a DUI. I love how the law punishes more than it protects seeing how a responsible drinker having no place to crash did not risk his life or others and got severely punished for it. What can you fucking do?
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Question:How did he get to the parking lot? Did he drink at the deli then stumble to his vehicle or did he drive drunk to the parking lot?
Maybe don’t drink so much next time. PROBLEM SOLVED!!!!
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Well i got arrested for a dwi on a snowmobile i borrowed it to my brother that day i was at home bye myself drinking and cleaning up the house i get a phonecall from my brother saying sumthing is wrong with uar snowmobile it was across town which was like 5 blocks well i walked across town to pull it off this snow pile that was in the parking lot the sled tipped on to my leg then cops ambulance all that shows up cop arrested me for dwi can u get a dwi with no keys at all my brother had the keys and the snowmobile wouldnt run the officer claims he over heard me in the hospital say that i was driving the snowmobile im taking this to trial on the 25th i guess cops can give you a dwi just bye assuming you were driving blood test came back .20 its my second dwi within six months
Wow, yeah intent! I am looking at a diamond ring, doesn’t mean I am going to steal it? Physical custody……I am dog sitting someones dog, doesn’t mean I am not going to give it back? Damn cops are getting too carried away. Go after illegal immigrants and leave USA citizins alone!! It is turning into a police state. Must make their day, another notch in their belt? If I was a pig I would feel sad for people. The fines don’t fit the crime!
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I just got charged with DUI. I was in my car in my parking lot at home passed out with the car running because I had the fans on and was listening to the radio. I had went out to my car to listen to the radio so I didn’t wake up anyone in my apartment. I hadn’t driven anywhere. Now I’m screwed. I think it should have to be proven that you are driving. I know of multiple people that slept in their cars to be responsible and got a dui for it. There are many people that are trying to be responsible and getting screwed for it. It sends the message that you are better off to drive if you have no choice than to just stay put.
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WOW really, once again the government showing how it can abuse its own laws and powers. I would like to know where the $4000 in fines went? where does that money actually go? Can anyone honestly answer that? no you can’t. The part of the article that cracks me up is the officer’s crappy excuse, he just want to make sure the driver was “ok” meaning he was going to look for any possible reason to arrest or ticket this guy. I can relate, I have never actually been arrested, and have no criminal record. However every time I have been pulled over it turns into a witch hunt, they check you background, toss your car and interrogate you. It seems like it becoming a normal thing with cops these days. Pull over a person for any reason they possibly can and then either arrest or ticket them for any reason they can find.
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I feel no remorse for anyone who violates the law and expects an exception. Ignorance of the law is NO excuse.
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