Monday, March 30, 2009

Drunk Driving in Minnesota

I don't know Daryl Dean Fleck and I have no idea if he has a drinking problem but based on the article I read ( - March 25, 2009) I have to applaud his decision to avoid drunk driving.

Mr. Fleck , age 55, was arrested on June 11, 2007 in East Grand Forks, Minnesota but was just recently convicted of two counts of driving while intoxicated. Mr. Fleck's blood alcohol tested at 0.18 and three open beer cans were under a blanket on the passenger seat of his car which was parked in his assigned parking spot at his apartment building.

Ok, so far so boring you say -- but wait. Mr. Fleck was actually SLEEPING in his car with the keys set on the center console. Apparently Mr. Fleck knew he was drunk so he avoided driving by simply in his car during what was probably a beautiful summer evening. The problem however is that Minnesota state law states that if such a person has "physical control" of a vehicle - which Mr. Fleck did since the keys were in his possession and he was sitting in the car - then that person can be charged with drunk driving.

Again, based on what I read in the news coverage Mr. Fleck did the correct thing by sleeping in his car in an attempt to protect himself and others from drunk driving. Perhaps Mr. Fleck should have placed his car keys under the car and slept in the back seat to help his line of defense!!

I fear that such enforcement of our DWI law will actually encourage drunk driving.


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