Columns & Opinion, Uncategorized

How to get a DWI without ever driving

That’s right. If you think I’m kidding, read that headline one more time.

Sad, but true.

On Tuesday, the Minnesota Court of Appeals upheld an earlier decision that Daryl Fleck was guilty of driving while intoxicated after police found him sleeping in his car outside his apartment.

And, keep in mind, when police arrived the car keys were in the center console, and there was absolutely no evidence Fleck was ever driving.

According to the article, the Minnesota Court of Appeals also finds this a good way to remind folks you can still get a DWI without driving.

Then here’s my question: Why is it called “driving” while intoxicated? Here all these years I thought the of the charge was a good indication to what the actual crime was. I thought driving had to be involved. My bad.

And, the idea that the keys were so easily accesible? That logic just doesn’t make any sense to me. Keys are always acessible. Making dumb decisions is always on hand. It’s whether or not you actually do them, not if you do them.
Granted, Fleck has had three previous DWIs, which frankly is ridiculous. Personally, I’ve never had one, but I know a few who have, and normally you are supposed to learn your lesson after the first one, and the next time you’re out catching a buzz on, also learn to call a cab. But, Fleck obviously never learned anything except that a person can keep getting DWIs, and their license will be taking away, but obviously not forever.

So here’s a solution I propose. Instead of allowing people to be arrested for DWIs, who aren’t even driving, why not crack down on the ones who are. Like Fleck, but when he’s actually breaking the law. Like after the third one, maybe he just simply shouldn’t have a license. Ever. And take it one step further, not let him actually have a vehicle in his name. No registration, ownership papers, etc. This way, there’s no reason for him to take a snooze in his car.

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One Response to “How to get a DWI without ever driving”

  1. On March 26, 2009 at 9:34 pm Damian responded with... #

    Well Liz, I think you had better get the book out and start reading. You might get a surprise on what you can get a DWI for or like this case, FROM.
    I was to a party one time, a person got drunk and passed out, so some of his buddies took him out and put him in the passenger seat of a car, started it up because it was 20 below, and went back inside while it warmed up. Low and behold the PD come along during that 15 minutes took him to detox, than gave him a DWI the next day after he come-to and sobered up. Reason being : He was in control with the keys in the ignition. It didn’t help even with his buddies explanation on how he got there in the first place except the officers did let them drive the car home.
    Who needs a drivers license to get a DWI ? It just says Driving While Intoxicated, driving a motor vehicle that is. I know one guy that thought it meant only cars and trucks so he took his tractor 4 miles into town only to get a DWI on his way home.
    Another was mowing his yard enjoying his day off from work with a 12 pack on the back of the lawn tractor. Fell asleep and run into a tree in his yard just as a cruiser was going by. He got a DWI and open bottle.
    Bicycle laws go by motor viechle laws, Does that mean the you can get a DWI riding a pedal bike?
    And while you’re reading the book, look up the lower limit to get a DUI. Most of the time they go by .04 but that really isn’t in the book. If the officer thinks that alcohol, or drugs where to blame, even one sip, you can get a DUI. You might want to think about that the next time you have a cold and take your medicine before you get and stay home.

    I just thought of another you might want to check out. There is even a law for drunk walking. I think they call it on the ticket – Drunken Nuisance.