DWI: Driving...what exaclty is it?
Posted on Jun 14, 2010 12:00am PDT
I have posted on this issue before, and there is finally some clarity on the issue. The Supreme Court finally decided the Sims case. Now, driving while under the influence of alcohol has to involve driving, or something a lot like driving. See, Supreme Court Slip Opinion No. 30,827. In the Sims opinion, the Supreme Court makes it clear that driving can no longer mean anticipation of driving, that the Courts have misinterpreted previous jurisprudence, unlawfully over-expanding the definition of driving by attempting to discern legislative intent.
As I've mentioned before, in the past I have seen people convicted of driving while intoxicated while trying to sleep off a buzz in their car --using their car as a temporary shelter from the weather instead of driving. Thank all that is good for this much-needed fix in DWI jurisprudence!