4 ms·
Interestingly, he can still be arrested for DWI. This would be an interesting case, though, because the mens rea is clearly not present; the human intended to b
by _archon_ 10y ago
Interestingly, he can still be arrested for DWI. This would be an interesting case, though, because the mens rea is clearly not present; the human intended to be conveyed by a capable transportation system, and didn't intend or attempt to control a vehicle while in motion. I look forward to the result of this case for legal precedent reasons.
- CPLX 10y agoFor what it's worth DWI and its variations are usually strict liability statutes.
- jpindar 10y agoYou can get arrested for sleeping in a car while drunk, even if you clearly intended to sleep it off overnight instead of driving home drunk. No mens rea needed.
- derekp7 10y agoIn some states, it makes a difference if your keys are in ignition or not. Which makes me wonder how they treat push-button start cars? Otherwise, what happens if someone (sober) is giving a ride to a passed out friend, can't wake that friend up, and ends up leaving the car (with the drunk friend still in it)? In that case, everyone involved was being responsible (no drunk driving was involved at all, actual or potential).
- MR4D 10y agoSimple answer from a lawyer friend of mine: don't sleep in the driver's seat.