Hope this wasn't someone I know

[DTro]

"July 23 at 12:27 a.m. - An officer was checking the welfare of an individual who was asleep in the front seat of his vehicle while parked at the Minnesota River landing off County Road 9. The officer discovered that the individual was intoxicated and in operational control of the vehicle. The adult male was arrested for second-degree driving while intoxicated and open container in a motor vehicle."

[harvey lee]

Wasnt me Darren.

[nitefisher]

nope was'nt me been there 6 times, thats why i been sober for 10 years. but i will say this,as i have always said. the guy was sleeping and not driveing. at least he was not on the road putting people at risk. i got one sleeping in the back of my truck but the keys were in the ignition.

[harvey lee]

My question is how did he get there?

[nitefisher]

that is true, may have been fishing, maybe not.

[DTro]

I guarantee you he's not the first one to do that.

I see nothing wrong with deciding it's better off to take a little nap before driving home.

The smart ones just throw out a pole and take a nap on shore instead of in the vehicle

[MachineHead]

There's a bit of an oxymoron in the statement...

asleep + operational control = oxymoron

Dude should have tanked in the bankside itchweed. Probably more painful, but less expensive.

[hanson]

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The smart ones just throw out a pole and take a nap on shore instead of in the vehicle

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I had a run that morning too!

I bet there is a little more to the story than what was mentioned. Open container in a vehicle. Thats an obvious no-no whether you are parked or moving IMO.

So what's the law say? Can I not sleep off my 'fun' in the back of my truck. At least I'm not on the highway endangering other peoples lives.

I tell you what, I made that big mistake 1 time and it will never happen again. Learned from it and now I'm scared to death to be on the highway after having a few. I just won't do it again. Its not worth the money or loss of license. However, I'll probably be the next guy getting picked up for being responsible and sleeping it off in his truck somewhere.

[nitefisher]

hey now dtro im smart, even smater after 6 kicks in the arse to wake me up.

i should of exsplained that better, i got mine while i was in a public landing sleeping in my pickup camper. started out with public drunkiness, then DWI. there are some crazy laws out there. besides i think if were to nap by the river drunk i would roll in.

[-Marc V-]

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So what's the law say? Can I not sleep off my 'fun' in the back of my truck. At least I'm not on the highway endangering other peoples lives.

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Somebody correct me if I'm wrong, but heard on a talk show the other day it was if the car keys were in the vehicle with you while over the limit. Someone called in a said they got a DWI while they were sleeping in the passenger seat without the keys in the ignition.

Sounds like b.s. to me. If they are obviously sleeping it off and being responsible, let them be.

[nitefisher]

this is what the law told me. if the keys are with you, and they can be in the trunk of your car they are in your possetion so you have control of the car. another words if the keys are any were in your vehicel even under it you have control of the car.

[Fishin4Life]

I think that is Lame, but who am I.

I had a buddy once was walking to his car after leaving the bar. Cop stopped him, asked him "You going to that car". My buddy hessitently said "Well, I was thinking so". The cop asked if he had been drinking and my buddy said yes. Cop offered him a breathalizer and said if he was over the leagle limit my buddy could turn around and walk away from the car and find another ride home. And if he was under to have a nice night. My buddy ended up finding a ride home...

Why can't more cops be like this?

[jtk15]

The burden of proof for conviction is beyond a reasonable doubt. Their is where a significant variance from office to officer.

My bet, if this guy went to trial by Judge on this DWI, he would get it thrown out with such insignificant proof. As previously indicated, my guess-more to the story.

Cops in general have a tendancy to charge people out with stuff that is very much circumstance-it is not their job to determine guilt-that is the prosecutions job. The real problems is the whole DL issue. Considering this guy was being charged with Second Degree DWI, he probably dont have one anyways.

yea, I am a cheap attorney--they are called probation and parole agents....

[Guest]

My cousin got a DWI when his truck was broken down. His starter had gone out earlier that day in a parking lot, and he had permission from the business to do what he had to do to make the truck mobile in a reasonable time frame. He got a ride back to his truck later to remove the starter which had fried. He got the starter out and was approached by the police... starter in hand in the evening, no relacement starter with, no auto parts stores open... he left in handcuffs for a DWI because he had the keys on him.. and the driver of the vehicle that brought him there was present and sober.

All I can say is.. There is not much a person can do if any motorized vehicle is involved around a drinking time... including your boat. You could be sited for operating a boat with only a trolling motor.

Ask yourself.. is it really worth the risk? If you like to have a couple while fishing, that is fine.. but I highly recommend you only take a couple along so its physically impossible to go over the legal limit.. or leave it at home.

[harvey lee]

Thats why I drink Mountain Dew,plus it keeps you awake on those long nights cat fishing.As you stated,its not worth the problems.

[rushing]

Or if you plan to drink find a sand bar and spend the night. Just clean up your stuff when you leave.

[MachineHead]

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The cop asked if he had been drinking and my buddy said yes.

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Right there is why the officer gave him a choice. He didn't lie. They have a set of guidelines to follow, and whether you like them or not, that's just the way it is. This guy could have saved someone by doing what he did, giving your pal an option.