The Herald-Tribune, from Sarasota County, has reported on an interesting case of DUI.
The suspect was arrested, admitted to being too drunk to drive, but a jury acquitted the suspect of the charges within a few minutes of deliberation.
Why? Because the suspect sat behind the wheel of an inoperable car.
M.J.V. had difficulty walking when he exited his truck, leaning on it to support his weight, when being questioned by police. An officer had seen him eating a salad, and, saw an open container of beer in the car's front seat cup holder.
The beer can was half full and still cold.
Robert Harrison, M.J.V.'s defense attorney, stated, "It is not against the law to sit in an inoperable car to eat a salad drunk."
The arresting officer was following Florida law: Someone can be guilty of DUI even of the officer didn't witness the person driving. Prosecutors then had the task to prove that M.J.V. had "physical control of the car" and could have driven to, or from, the scene.
Usually the scene is that of a DUI-fueled car crash.
Even in a DUI accident's scenario, prosecutors still must prove that the suspect's car had been operable at the time of the accident.
M.J.V., and a friend, told jurors that the vehicle had been abandoned in a Walmart shopping center - because the starter was broken - for approximately 12 hours.
At the time of the arrest, on February 28, just past 1:00 in the morning, a deputy from the Sarasota County Sheriff's Office had seen M.J.V. sitting in the car for about 20 minutes. He testified that M.J.V. had his keys in his lap while eating - and smelling of alcohol.
M.J.V. refused to take a sobriety test and a alcohol breath test.
Then, M.J.V. reportedly slurred the words, "Why are you arresting me for eating eggs?"
Allegedly the officer did not attempt to start the car himself. He also neglected to feel the hood for warmth to prove that the car had been recently driven.
This information was enough for the jury to acquit.
M.J.V. has a 2006 prior DUI conviction.
He told jurors that he went to Walmart to get a sandwich for his lunch. When his truck failed to start he left it in the parking lot and found a friend to have some drinks with.
Later on in the night, his friend drove him back to his truck - to get a few of his belongings - but the friend left him there.
Deciding that he was too drunk to walk home, this time he chose to have some food in an attempt, he said, to sober himself up.
Harrison said that it took two people to start the truck on the following day - one to turn the key while the other banged on the starter.
Harrison argued that the truck would require a new starter.
Since M.J.V. also had refused to take a alcohol breath test the first time he got a DUI, prosecutors are now charging him for his second refusal in this incident.
Harrison plans to argue that his client didn't need to have a breath test as he was in a non-working vehicle.
Contact a DUI attorney if you are facing any kind of charges stemming from DUI, DWI, OUI or OWI. Jail time and fines, as read in this article, are not always the outcome.