Re: DUI & Control of the Vehicle

In article <[EMAIL PROTECTED]>,
Christopher Green <[EMAIL PROTECTED]> wrote:

>The way I see it is if the apparent driver is found intoxicated in a
>parked car, there is no good explanation for his presence than that he
>drove there, and there is no good explanation for his intoxication
>than that he was already intoxicated while he was driving there, then
>I'd say the state has met its burden of proof beyond a reasonable
>doubt.

How about, he drove there while sober, parked the car, and walked
across the street to a bar.  He then proceeded to get drunk; when he
left the bar, he felt it would be unsafe to drive home, so he got into
the _back_ seat of his car and went to sleep.  He was awakened and
charged with dui, the claim being that he was "in control" of the car,
since the key was in his pocket.  (The car was still parked, on a
public street.)

Seth