You are the Jury

I went with not guilty hoping the jury would give him the benefit of the doubt,even if he had a few to many before leaving the bar at least he didn't continue to drive through the last 4.

Jurors are only supposed to determine guilt beyond reasonable doubt, and the prosecutor/state is supposed to prove their case. In this case, they did nothing to prove that he was driving drunk before arriving at his parking place - they wanted a conviction that would set the precedent that sleeping in a legally parked running vehicle was the same as driving the vehicle on a public road. The prosecutor even alluded to this in the presentation.

And, FYI, we had no knowledge of (nor were allowed to have) any prior arrests the defendent may or may not have had, or any other crime he may ever had been convicted of, if any. All we had to go on was the deputies' word and the patrol car video, and it showed that it took them five minutes to wake him, and when awoken (at 2AM) he did not take any measure to operate the vehicle in any way. He didn't even turn it off - they did.

If this became precedent, then anyone taking anyone else home drunk from a bar would make the passed-out drunk guilty of DUI if they left them in the car with it running (to keep 'em from freezing to death - think winter outside of the warm & balmy climates) for any lenght of time. A good way to screw over an onery drunk, maybe, but not what the law should be made for.

If the charge had been drunk & disorderly or the like, we'd had no problem with that. We just didn't see a sleeping drunk as a driving drunk.

good poll

A friend that I worked with a number of years ago left a company BBQ and probably should not have driven as he was intoxicated. He was smart enough to realize that he shouldn't be driving so he pulled over on the side of the road, shut his truck off and started to sleep it off when a Mountie pulled behind him, woke him up and tested him for alcohol, he flunked the sobriety test and got nailed for care and control......same penalty as DUI up here. I think you guys did good.

In Texas if the keys were in the ignition you would be guilty.

Back in my young and dumb days (35yrs ago), I knew that I had too much beer to be driving so I pulled over, well off the road, and decided to take a nap. About two hrs. later I awoke to a Police Officer banging on my window. I rolled the window down and the Officer asked me what I was doing ? I instantly responded " I'm saving lives". The Police Officer burst out in uncontrollable laughter! After taking me out of my car and checking the vehicle, no beer cans or other illegal contraband, he told me that if my keys had been in the ignition he would have had no choice but to arrest me for DWI.
It just so happened that I had removed the keys and stuck them in my back pocket?
The Police Officer moved my car about 100 yds. to a safe spot and drove me down the road about 4 miles to a motel. After he witnessed my checking in he shook my hand and told me he'd better never see me again in that condition. What can I say, I'm glad he had a sense of humor! I was LUCKY, LUCKY, LUCKY !

Jeez, a couple of times this past year I got off work after the night shift, slept til late afternoon and then drove into the night from Las Vegas across Utah on my way to Colorado. I'd stop along I70 somewhere and up a dirt road, get in the back of the truck and have a couple of stiff drinks before climbing into my sleeping bag..knowing I was legally drunk at that point. I gather sleeping in the back of the pickup is the safe point, instead of the cab. Makes me wonder about Utah though.

Right verdict..the guy shouldn't be guilty without proof beyond a reasonable doubt. Glad to see Nevada got something right.

heres another one,,,gary comes by my house at 930 am,,,leaves at 945,,, at 1000 am cop calls asks if i will come and get his pickup ,,as he has been stopped for dui,,, get to pickup,,ambulance there,,,cop says sorry it is policy to tow his truck,,,but tells me no alcohal in vehicle,,,,it appears he has a medical problem,,,so ,,, emmergancy room ,,,drug and alcohal test,,,all negative,,, when he left my house he had gotten in pickup and taken a prescription drug for the first time ,,,that had been given to him 700pm nite before,,,, they took him from hosp to jail,,,spent 8 days,,,, for dui,,, now have offered him a plea deal,,,even tho he got doctors letter about may have been caused by bad reaction,,,, the d.a. is still trying to get a plea deal,,,, pleaded not guilty,,will go to trial on the 28th,,,OF APRIL 2010,,,, now thats really quick justice,,,, pops