wtf

<<<

"Although the facts of this case are not those of the typical physical control case in which a jury can infer that the defendant was in physical control because he drove the vehicle to where it came to rest, a jury could reasonably find that Fleck, having been found intoxicated, alone, and sleeping behind the wheel of his own vehicle with the keys in the vehicle's console, was in a position to exercise dominion or control over the vehicle and that he could, without too much difficulty, make the vehicle a source of danger,"

>>>

this guy is probably a danger (multiple convictions before and all), but WTF conviction without proof?.

what if I have a working car and pass out drunk in my apartment with keys in my pocket (or even in my apartment).
?  sounds like I have about as much "position to exercise dominion over the vehicle"


hell, can people with RVs not drink in them?

Missed this thread earlier.

This holds significant relevance to me as I was convicted under this law.

 Hate!


My story was as simple and generic as they come.  Went to the bar.  Had too much to drink.  Walked out to the parking lot, put the keys in my back pocket climbed in the car and went to sleep.  Woke up to a tap on the window and a subsequent arrest for dwi under physical control laws.

Went to fight it, because I couldn't believe such laws were even on the books and was told I had no chance for those that came before and became case law.



1.  Dude goes out on his birthday, gets wasted, buddies throw him in the car (passenger seat no less) toss the keys in the glove box and go back in the bar.  Boom.  Done.  DWI.  Dude didn't even know where he was or how he got there.  Didn't matter.  Physical Control.  Car -> Keys -> Operable -> Drunk Dude =DWI.

2.  Dude with car in the driveway of his own house working on it, playing the stereo.  Apparently too loud for the neighbors who called the police.  He had been drinking all day because he had no intention of leaving his driveway, but of course because he was working on his car and had the keys in the ignition...Boom.  Done.  DWI.  Didn't matter.  Physical Control.  Car -> Keys -> Operable -> Drunk Dude =DWI.

The list goes on and on.  I had no shot.

I told them they sent a very clear message.  If I chose to drive home that night I may very well have ended up where I am right now, or maybe not at all.  I clearly made the wrong choice.  Won't happen again.


At that time, however I was told that an inoperable vehicle was not considered as evidence in physical control.  Interesting how the times and the lobbying change the laws.

Yep.  From what I was told.

Proximity of you, keys, and vehicle are that matters, and seems to be up to the interpretation of the arresting officer and the court, but also always seems to be upheld, no matter how ludicrous the circumstances may seem.

Basically anywhere near, on,  in, around, in close proximity to, with the availability to bring them together.

I meant to address this earlier and forgot. 

This is already on the books!  Seriously.  I assumed it was Federal but maybe just MN.

Luckily it seems to only be enforced (at least the ones you actually hear about) are in domestic violence cases.

Guy gets home, car in the garage, door down, keys on the nightstand and then he and the wife mix it up, she calls 911.  Cops show up she says "Well he got home from the bar about an hour ago and....."  Boom.  Breathalyzer.  Eyewitness report plus physical control.  DWI.

Scary stuff.