Lynn Melrose wrote in
:

ET wrote:


Drunk and in possession of car keys is not an offense.... driving
drunk in a private parking lot is not either for that matter... You
start prosecuting for alleged "intention" alone and you now live in a
totalitarian state....

Don't be so sure. New Hampshire is one of the states farthest from
totalitarianism, but its Supreme Court just ruled that a person asleep
in a car parked (transmission in PARK) in a private parking lot with
the engine running to stay warm was operating while intoxicated.

Summary: http://www.lexisone.com/news/ap/ap111403d.html
Case Decision:
http://www.courts.state.nh.us/suprem...000/glagay.htm

As an aside, the message that this case appears to send to drunk
drivers is that you're no better off if you pull over and stop, so you
might as well keep going.



Absolutely ridiculous......

Although after reading to opinion in the link of your post, there was a
witness the the person actually driving within a reasonable time of being
observed by the officer in his car etc... so it's not "quite" as ridiculous
as it first seems.....
--
ET


"A common mistake people make when trying to design something
completely foolproof is to underestimate the ingenuity of complete
fools."---- Douglas Adams