New Jersey Upholds DUI for a Man in Parked Vehicle

The Newspaper.com ^ | 8/28/2007 | staff reporter

[Daffynition]

New Jersey appellate court decision upholds a DUI for a man sleeping in a parked truck under the influence.

New Jersey Superior Court logoA New Jersey appellate court yesterday upheld the principle that convictions for driving under the influence of alcohol (DUI) can be imposed on individuals who were not driving. David Montalvo, 36, found this out as he responsibly tried to sleep off his intoxication in his GMC pickup truck while safely stopped in the parking lot of the Market Place Deli on a cold February morning last year. At around 5am he awoke to see a Hamburg Police Department patrolman standing over him. The officer had opened the door of Montalvo's truck to rouse the man and insist that he take a breathalyzer test. Montalvo refused.

He was arrested and forced to make a conditional guilty plea to the charge of DUI, intending to challenge the police officer's actions as a violation of the Fourth Amendment. Montalvo's attorney argued that the patrolman could have no reasonable grounds to suspect that a sleeping man was involved in criminal activity. Montalvo's truck was running, in park, because according to weather records it was about 25 degrees Fahrenheit that Saturday morning.

"From the perspective of the officer on the scene, I don't find at all that what he was doing was unreasonable," Superior Court Judge Thomas Critchley Jr. said in his rejection of Montalvo's argument. "In fact, I find it would have been unreasonable to have stopped his inquiries at any point short of what he did."

The appellate court agreed that the officer was acting reasonably to render assistance to someone who may have been in distress.

"The officer wanted to make sure the driver was 'okay,' nothing was wrong with the businesses and that the truck was operating properly," the appellate decision concluded. "We are convinced that under the facts as observed by Officer Aaronson defendant was lawfully subject to limited inquiry based upon an objectively reasonable exercise of the officer's community caretaking function."

The appellate division affirmed Montalvo's DUI conviction, meaning the sleeping motorist faces a civil remedial fee or "driver responsibility" tax of $3000 in addition to various other fines and fees of at least $1000, plus his legal bills.

[The full text of the unpublished court ruling is available in a 49k PDF file at the source link.]

[fish hawk]

He was in a parking lot. He might have been sober when he parked it there. If he would have not had his keys in the ignition he would not be guilty.

[maine-iac7]

Perhaps the moral of the story is if you are going to sleep it off you better climb in the back seat.

Of course, in a pickup, that could mean the truck bed, which could be rather dangerous in below freezing weather...

Many of the postings here scare me a bit as it seems the thinking leans towards the Socialist mind set = think about it. Many see nothing wrong with a person being arrested and CONVICTED for DRIVING under the influence, while sleeping in an unmoving vehicle in a private parking lot.

[Daffynition]

I hear ya! This is what it's coming to ...

[pepperhead]

Back in high school I know a guy who got a DUI while sleeping in his truck drunk I think.

[lesser_satan]

HINT: HE WASN'T DRIVING DRUNK, YOU NASTY LITTLE PSYCHOPATH. If you are truly against drunk driving as you claim to be, why do you want to encourage people to drive drunk? Because that's what you're doing. I know this is difficult for a shrill, irrational, n00b like yourself, but let's try to follow logic here: If somebody is going to get the same penalty for sleeping in their vehicle while drunk as they are for actually driving drunk, they might as well just drive home drunk, hence more people will drive home drunk instead of sleeping in their vehicle.

That being said, I will throw your shrill nastiness back in your face: YOU ARE A WORTHLESS POS DRUNK-DRIVER-ENABLER! YOU CHEER WHEN DRUNK DRIVERS KILL CHILDREN!

[maine-iac7]

Now THAT is one of the truest-true statements made today.

It seems to be a prerequisite for being a ‘public servant’ in any capacity...and if you aren't already incapable of independent, sound judgment, you will be made so through training before being let loose to prey on the people

[Daffynition]

That wasn't in Arkansas by any chance?

"It was a real sort of southern deal. I had Astro Turf in the back. You don’t want to know why, but I did."

Bill Clinton - (Talking about an El Camino pickup truck he once owned)

[lesser_satan]

I wouldn’t bother. It’s tiny little brain is incapable of processing rational discourse, and it operates on pure emotion unencumbered by rational thought. That’s what years of opiate abuse does to people. It used to post here under the screen name “DLeeComeback” or some such thing (note the Cubs reference in both screen names) until it got banned for posting one too many of this type of vitriolic, slanderous screed against long-time FReepers in good standing.

[maine-iac7]

Yes who cares if the guy was a drunk who went out for the purpose of killing people as everyone who drives drunk does and pulled over and fell asleep. If he wasn’t a total POS he wouldn’t have been in the car atall.

Good Grief. Is it that you failed you English classes or were you inebriated when writing that?

[lesser_satan]

See #148.

[relictele]

Exactly. If the guy made it home in one piece then nobody would have been the wiser.

[relictele]

Don’t worry your pretty little head.

MADD is shaking the politicians’ marionette strings and have done so for some time. A ridiculous, arbitrary .08 standard is stumped for because it sounds “stricter” than .10.

Also, the DUI business is big business for local gummint types nowadays. Why scrape by on $5 parking fines when you can set up a 4th Amendment-trashing roadblock and catch a few $5,000 jackpots?

The weekend “classes” are a joke - more contractors soaking up more taxpayer dollars to get everyone in a room and - SURPRISE! - agree that drunken driving is bad and they won’t do it any more.

For the record I have never been arrested for or even stopped for DUI.

[Bommer]

Because he is in control of the vehicle. Even if it wasn't running and he only had the keys in his pocket but is still in the vehicle he is in control of it, according to the law.

So if I leave the car running a run into a store for some smokes, can I be accused of wreckless driving even though I'm not in the car or controlling the vehicle?

[driftdiver]

“No the moral of the story drulnk driver defender and therefore fan of criminals is DONT GET INTO A CAR DRUNK!”

Where was I defending drunk driving? Where am I a defender of criminals? Perhaps you should put the bottle down before you hurt yourself.

[GregoryFul]

Here in PA, we recently had a case where a man’s license to drive was suspended because he admitted to his doctor that he drank a 6-pack every night. The doctor reported same to the state, under some sanctioned or mandated violation of doctor-patient confidentiality. Because this man might drive after downing a 6-pack, the state revoked his driving privileges.

[rockrr]

Years ago I was in court trying to get a speeding ticket bounced. While I waited for my case to come up I listened to what I thought was the most egregious case of malicious prosecution.

The set-up was very similar to this one - a cop arresting the sleeping occupant of a car for DUI.

In the courtroom the cop sits in the witness chair and begins to describe how he approached a parked car early in the morning with its motor running. Inside he sees a man that might be asleep, passed out, or dead. He takes out his metal flashlight and raps on the window in an attempt to rouse the occupant. Not getting a response, he bangs harder.

The occupant wakes up, but won't cooperate. He won't open his door or roll down the window. The cop yells and bangs on the car, and threatens to break out the windows until the occupant opens the door.

The cop then yanks the occupant out of the car, jams him up against the side to frisk him, cuffs him, and takes him to jail. All this was necessary because the occupant was uncooperative and combative says the cop.

Open & shut case to the cop.

Then the defendant takes the stand.

A mousy little guy that couldn't have been 5.6, wearing wire-rim glasses, he could have been a double for Barney Fife. As he begins his testimony the judge has to ask him twice to please speak up. As soon as he spoke, I knew how the case would conclude.

The defendant had been on a shopping trip when he suffered a Diabetic seizure. He pulled into a parking lot and secured his car and then fell asleep. Sometime in the early morning he awoke just enough to realize he was freezing cold, so he started the engine to run the heater.

At no time had he consumed any alcohol. But that didn't matter when someone woke him from his slumber by pounding on his car and yelling at him. Unable to focus and thinking he was being attacked, he was reluctant to open the door. When he did, he only exacerbated things because he had a speech impediment!

The judge considered the testimonies (for maybe a minute!) and acquitted the guy.

[Thumper1960]

Ban alcohol and all problems will cease.

Uh huh

[B4Ranch]

He was parked on private property! That alone should have told the cop to back off.

[amigatec]

I was arrested for 2 DUI’s in the early ‘80. It was the best thing to ever happen to me!!

I thank God for the Officer that pulled me over, and hauled my butt to Jail. It was a REAL wakeup call. I may have saved some family the expense, and pain of a burial for somebody they loved very much.

I very easily could be spending 25 to life in Prison, I salute this officer for doing his job!!

[B4Ranch]

You are talking out your ass.