Fear not young drunkman, now you can sleep it off...
06-09-2010, 09:02 AM
#1
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Fear not young drunkman, now you can sleep it off...
http://www.krqe.com/dpp/news/crime/court-k...ts-new-standard
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QUOTE
Court kicks DWI case, sets new standard
Driver must show intent to drive
SANTA FE (KRQE) - The state Supreme Court has overturned the drunken driving conviction of a motorist found passed out in his vehicle with the keys on the passenger seat.
The court on Tuesday said prosecutors had failed to prove that Mark Sims was in "actual physical control" of the vehicle when he was arrested by Albuquerque police in 2004. His vehicle was in a commercial parking lot.
The court used the case to outline a new standard of evidence that police and prosecutors need to show that a motorist intended to drive while intoxicated and posed a danger to themselves or the public.
The justices said courts can't speculate that a passed out motorist might awake and then drive.
Driver must show intent to drive
SANTA FE (KRQE) - The state Supreme Court has overturned the drunken driving conviction of a motorist found passed out in his vehicle with the keys on the passenger seat.
The court on Tuesday said prosecutors had failed to prove that Mark Sims was in "actual physical control" of the vehicle when he was arrested by Albuquerque police in 2004. His vehicle was in a commercial parking lot.
The court used the case to outline a new standard of evidence that police and prosecutors need to show that a motorist intended to drive while intoxicated and posed a danger to themselves or the public.
The justices said courts can't speculate that a passed out motorist might awake and then drive.
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06-09-2010, 09:11 AM
#2
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awesome!!
i actually knew him he was one of my customers. great guy
the city will probably have to pay him back $1100 for the interlock they forced him to install
oh and that "commercial parking lot" was the parking lot next to the bar.
i actually knew him he was one of my customers. great guy
the city will probably have to pay him back $1100 for the interlock they forced him to install
oh and that "commercial parking lot" was the parking lot next to the bar.
06-09-2010, 04:30 PM
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theres so many DWI offenders in ABQ, anyone from around here is bound to know at least one of em, haha.
funny how it got thrown out though.
funny how it got thrown out though.