SMMAssociates wrote:Can't cite the details but there was an OVI (DUI) case just recently that was against the defendant. The defendant had come out of a bar and decided that he/she was too drunk to safely drive so went to sleep in the back seat. Having the keys was sufficient to get the conviction.
I presume that the Court's attitude assumed that the defendant could have gone from "nap mode" to "driver mode" in seconds. Seems logical.... But I can't see a conviction for "driver mode" when the defendant was asleep in the back seat.
Following that logic , why not arrest him as he walks our of the bar, since he could get in the car? Or even in the bar if the car is parked close. He could probably have driven off faster from outside the car than from asleep in the back seat.
Whether this would carry to the Felony Touching statute I don't know.... But common sense is kinda dead in the CHL law anyway. We may have two conflicting definitions - that could get the Supreme Court involved if something went that far but don't count on it.
As a lawyer told us a long time ago, "do not confuse logic with the law". How is someone supposed to get a gun into and out of the center console without touching it? I can see throwing it in from the curb and hoping it lands in the right spot but how do you get it back out?