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DUI For Man Sleeping In A Car That Wouldn’t Start

Our Chicago Attorneys have found even more non-sense in the world of drunk driving laws.

High court: Asleep at wheel, not driving, enough to get a DWI

-By ROCHELLE OLSON, Star Tribune

Supreme Court upholds conviction of sleeping driver. Supreme Court: Sleeping man was in control of vehicle.

Being drunk and asleep at the wheel of his car while it was parked in his apartment lot with the keys on the console was sufficient evidence to convict a Crookston man of drunken driving, the Minnesota Supreme Court ruled unanimously Thursday.

In a seven-page decision, Justice Alan Page said the jury could reasonably conclude that Daryl Fleck was in “physical control” of his vehicle when arrested.

“Physical control”?  Asleep with the keys on the console?  What about someone sleeping in their bed with the keys on the dresser?

Fleck’s appellate lawyer, G. Tony Atwal said there was no indication Fleck had driven; the engine was cold, and the car wouldn’t even start when an officer tried it. If the car had been by the side of the road, it would have been very different, Atwal said.

The Supreme Court resoundingly disagreed.

The car wouldn’t even start, the owner is asleep, and the keys are on the console.  Is this what DUI arrests have come down to?  Wow.

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