Daryl Fleck was drunk and asleep in his car in the parking lot of his Crookston apartment building when someone called police.
Officers who responded that night in 2007 saw his car keys on the console between the front seats, but found no evidence that Fleck, who was parked in his assigned spot, had recently driven.
Nonetheless, Fleck was convicted of drunken driving, and on Tuesday, the Minnesota Court of Appeals upheld that conviction in a decision that serves as a reminder that a person can be guilty of drunken driving without having driven.
Thursday, March 26, 2009
DWI Without Driving? WTF?
I thought the D in DWI was driving, not passed out in the driveway.