Stacie L. Patterson Law Blog
Posted - 02/08/2010 09:59pm
0 Comments | Add Comment Man Found In Inoperable Car Convicted Of Felony DUI
Minnesota man, Daryl Fleck went to sleep behind the wheel of his car. He was presumably drunk at the time he fell asleep, telling officers that he'd had about a dozen beers that night and had a .18 blood alcohol level. The car keys were in the center console of the car when police arrested Fleck for DUI. The car was parked legally in front of his apartment complex. During his trial, Fleck was "unsympathetic" and had a history of receiving DUIs. He was convicted and will serve a four year prison sentence.
There are many cases where someone has been arrested for DUI who are not driving the car, for example when found in a car with a warm engine. The idea is that, had they not been driving while drunk, the engine would be cold. Alarmingly, in recent years, it has become more common for people to be arrested for DUI even if there is no evidence that the car had been driven. Like, for instance, where the engine was cold. The argument being that a drunk person in a car could decide to drive at any moment, in a sense being arrested for the intent to commit a crime. This has rekindled the debate on whether or not you must be in the act of or already committing a crime before actually being arrested. Most prosecutions require more than just ability to commit a crime.
Based on the facts revealed so far this sounds like an aggressive but arguable prosecution. Even though the engine of his car was cold, a man was found drunk in the driver seat of his car with the keys close at hand. He admitted to having several beers and had more than twice the legal limit of alcohol in his blood. Combining these facts it seems that Daryl Fleck was undoubtedly wading into murky waters of legality. The only thing that sets this case apart is that Fleck's car was inoperable at the time of his arrest. Meaning that even if he had changed his mind, and decided to drive drunk, it would have been impossible because the car would not have started.
Click here to read article
If you have been arrested for DUI contact attorney Stacie L. Patterson (619) 269-8074.
There are many cases where someone has been arrested for DUI who are not driving the car, for example when found in a car with a warm engine. The idea is that, had they not been driving while drunk, the engine would be cold. Alarmingly, in recent years, it has become more common for people to be arrested for DUI even if there is no evidence that the car had been driven. Like, for instance, where the engine was cold. The argument being that a drunk person in a car could decide to drive at any moment, in a sense being arrested for the intent to commit a crime. This has rekindled the debate on whether or not you must be in the act of or already committing a crime before actually being arrested. Most prosecutions require more than just ability to commit a crime.
Based on the facts revealed so far this sounds like an aggressive but arguable prosecution. Even though the engine of his car was cold, a man was found drunk in the driver seat of his car with the keys close at hand. He admitted to having several beers and had more than twice the legal limit of alcohol in his blood. Combining these facts it seems that Daryl Fleck was undoubtedly wading into murky waters of legality. The only thing that sets this case apart is that Fleck's car was inoperable at the time of his arrest. Meaning that even if he had changed his mind, and decided to drive drunk, it would have been impossible because the car would not have started.
Click here to read article
If you have been arrested for DUI contact attorney Stacie L. Patterson (619) 269-8074.
