"The fox knows many things, but the hedgehog knows one big thing."

                --Archilochus

Glenn Reynolds:
"Heh."

Barack Obama:
"Impossible to transcend."

Albert A. Gore, Jr.:
"An incontinent brute."

Rev. Jeremiah Wright:
"God damn the Gentleman Farmer."

Friends of GF's Sons:
"Is that really your dad?"

Kickball Girl:
"Keeping 'em alive until 7:45."

Hired Hand:
"I think . . . we forgot the pheasant."




I'm an
Alcoholic Yeti
in the
TTLB Ecosystem



Tuesday, August 19, 2008

Drunk?

The NorthWest Florida Daily News police blotter includes this entry:
When asked to produce his driver's license, he handed the officer two different pairs of sunglasses and an empty box of condoms. Then, he gave the officer a half-full cold Fosters beer from the center console, telling him that he'd opened it earlier but hadn't drunk much of it.

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Comments on "Drunk?"

 

Anonymous Anonymous said ... (9:36 PM) : 

What's even more disturbing is that the "man was arrested for driving while intoxicated after he was found asleep at the wheel by the side of the road." Being "asleep at the wheel by the side of the road" doesn't quite amount to "driving while intoxicated" no matter how plastered one is.

 

Anonymous The Old Timer said ... (1:39 PM) : 

Well, actually, for purposes of the offense of driving under the influence, the state legislature, not Noah Webster, defines "driving". In Florida, simply being in "actual physical control" of a motor vehicle while intoxicated qualifies as driving under the influence.

See Florida Statutes section 316.193 driving under the influence; penalties.--

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;

For this purpose, it looks like being asleep at the wheel qualifes as being in actual physical control. I suspect that this statute is fairly typical.
The Old Timer

 

Anonymous Anonymous said ... (9:11 PM) : 

Orwellian co-option of ordinary language. I wonder if -- given the low likelihood of harming person or property while "asleep at the wheel by the side of the road" -- the prescribed maximum sentence, if imposed, would comport with the evolving standards of decency enshrined by the disproportionality component of the Eighth Amendment's prohibition against cruel and unusual punishment.

 

Anonymous The Old Timer said ... (9:06 AM) : 

Hmm, I'm not sure, but in Florida being asleep at the wheel might be a rather common way of driving.

 

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