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Let’s say you’ve had too much to drink, and you get into your car, put the key into the ignition and….the car won’t start:  the battery is dead.  About that time, an officer arrives and asks you to step out of the car for some field sobriety tests….

Is it possible to be convicted of attempting to drive under the influence?

The courts are not in agreement on whether there is such an offense as attempted drunk driving.  In Strong v. State, 87 S.W.3d 206, for example, a Texas court held there is not.  In People v. Garcia, 262 Cal. Rptr. 915, however, a California court said there was – but said also that it was "not unmindful that there might be some troublesome questions which will have to be resolved in later cases."

Troublesome questions?  The court didn’t explain that cryptic comment, but one that occurs to me is that  attempted DUI becomes a specific intent crime.  So what, you ask? 

Well, there are two kinds of offenses: those requiring only a general intent, and those requiring a specific intent.  Burglary, for example, is a specific intent crime: it requires entry with the intent to commit theft or a felony; without that intent, it is just a trespass.  DUI is a general intent crime: the prosecutor need only prove the act of driving under the influence – not the intent to do it. 

You can, of course, be convicted of attempting to commit a criminal offense.  But it follows that to attempt it you must intend to commit the offense: attempt requires a specific intent to commit the crime (along with steps toward its commission).  Thus, attempted DUI would become a specific intent crime.

So, while intoxication is not defense where there is only a general intent required, it can be a defense where specific intent must be proven:  intoxication can prevent the person from being able to knowingly and intelligently form the intent to accomplish the criminal act.

In other words, we may have a Catch-22:  If a person is mentally and physically too impaired to drive, doesn’t that fact tend to negate the specific intent required for an attempt to drive intoxicated? 

A "troublesome question"….
 

DUI BLOG

This might be a sign you have a drinking problem.
Manitoba stories

I've posted in the past about how cops and prosecutors are pushing the envelope ever further  – well beyond the point of absurdity.  See, for example, DUI on a Lawnmower, DUI in a Wheelchair, DUI on a Scooter and DUI on a Horse.  Where does it all end?  Will they arrest people in electric shopping carts inside stares next?  

Well…..

Florida Man Arrested for Drunk Driving Inside a Walmart

Feb. 5.  Brooksville, FL — Police in Brooksville, Florida say that they arrested Timothy Carr over the weekend for driving drunk inside a local Walmart.

An arrest report obtained by The Smoking Gun on Monday indicated that Carr, 48, had helped himself to an alcoholic beverage while operating one of the store’s motorized shopping carts at around 9 p.m. on Sunday.

“The defendant did enter Walmart and select two packages of Daily Daiquiri and proceed to drink them in the store,” the charging document stated. “The defendant was driving a Walmart owned electric cart. While driving the cart, the defendant knocked several items off the shelves causing damage to the items.”

“The defendant did not have money to pay for the Daily Daiquiri drink that he consumed,” the report added.

Police indicated that Carr was unemployed and a transient. The crime was considered a felony because he had two previous arrests for retail theft.

Carr was being held on ,000 bond, according to The Smoking Gun.

Hmmm…..A DUI  for driving an electric shopping cart inside a Walmart?  
 

DUI BLOG

During this time of year, many Homestead residents are getting invitations to work holiday parties as well as holiday get-togethers from friends and family. While it’s exciting to get invitations and to schedule them into your planner, this is also a good opportunity to make sure that you plan ahead for safety.

Holiday parties are a cause of concern for local law enforcement, since alcohol served at holiday parties can lead some motorists to make poor decisions, leading to Homestead drunk driving accidents. Homestead car accidents involving alcohol do typically increase during the holiday season in many years, according to authorities. Sometimes, drivers simply make poor decisions after drinking at a holiday party and the consequences can be tragic. Each year, people sustain serious Homestead head injuries, spinal cord injuries, and even fatalities due to drunk driving.

You can help prevent these types of tragedies by planning well in advance. When you get an invitation for a holiday party, don’t just consider whether you can attend or whether the party fits into your schedule. Also plan ahead to determine how you can get home safely. For example, one of the things you want to consider is whether the party will be alcohol free or whether alcohol will be served. If alcohol will be served, consider how you will get home safely.

To do this, consider where the party is held. If the party is held at your workplace, find out whether your employer will be providing a way to get home safely. Consider public transportation as a way to get home safely, but also consider when the party will be ending. The party may and well after public transportation is no longer available. If this is the case, you will need a list of local cab companies as well as cash on hand so that you can call for a taxicab after the party.

Be especially alert for parties that can end late and for parties that are in remote locations. Often, these are the most challenging if you will be drinking. Taxicabs from remote locations may be more expensive and public transportation may not be available late at night or in remote areas. Hotel rooms and motel rooms may also not be available in these areas. Therefore, you will need to plan ahead and arrange for a friend or family member to pick you up. You may also want to have a list of cab companies on hand as well as extra money to get home safely. Or, you can make arrangements with your host in order to stay at their home after drinking. Planning ahead can reduce the risk that you will be involved in a Homestead traffic accident simply because you didn’t plan ahead and ran out of options when it was late and you found yourself far away from an easy way to get home.

Keep in mind that after a party where you have been drinking you may feel tired and anxious to get home. This makes it easier for you to make a bad decision. To avoid being in a Homestead traffic accident caused by drunk driving, make it easy for yourself to do the right thing. Plan ahead and have more than one way to get home safe. Better yet, consider leaving your car at home and take a cab to the party so that you are not tempted to drive home after you have been drinking.

Florida Car Accident Lawyer Blog

RCMP have 43 people on their naughty list for the third week of the annual holiday Checkstop program.
Manitoba stories

Unfortunately, at this time of year many people make poor decisions when it comes to driving after drinking. At the same time, office holiday parties and personal holiday parties often serve alcohol, allowing some drivers to make poor decisions after drinking. Drunk driving causes too many Hollywood car accidents each year – and these accidents are completely avoidable if motorists simply take some extra time to plan ahead to get home safely.

Planning ahead

Plan ahead if you will be attending any events in the next few weeks where alcohol may be served. Even if you do not have plans for drinking at a the specific party, make sure that you have at least three ways to get home safe if you do end up drinking. Keep extra money on hand to pay for a hotel room, a taxicab, or another alternative to get home. Make plans with friends and family so that you can call each other in order to get a safe ride home. Designate a driver. Do what you can, but make sure that you do not drink and drive. It is the only way to avoid a DUI Hollywood traffic accident.

Make use of more than one option to get home

Many communities offer free or inexpensive transportation options at this time of year to help people get home safely after festivities. Find out what is offered in your area. Keep a printout of local bus routes, taxi cab company phone numbers, and other information on your mobile device or in your glove compartment so that you know how to get a safe drive home. One good option is to simply leave your car at home if you will be drinking at a party. That way, you will not be tempted to drive home.

In order to stay safe on the road, you must also be well rested and alert when you get behind the wheel. This holiday season, give yourself the gift of sleep and get plenty of rest. Not only will you enjoy the holidays more, but you will have a safer holiday season as well. If holiday stress makes it difficult for you to sleep, visit your doctor in order to get assistance before your drowsiness leads to an accident. Keep in mind that even if you have not been drinking, you may be too fatigued to drive home safely after a party. Having alternative options to get home safely can help you avoid a Hollywood truck accident or car accident.

Florida Car Accident Lawyer Blog

Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help

Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help

Unfortunately, Thanksgiving and the holiday season are a time when Florida and Pompano Beach drunk driving accidents may be on the rise. There are more holiday parties at this time of year serving alcohol, which can lead motorists to make poor decisions after drinking. Luckily, these types of Pompano Beach car accidents are completely preventable and you can do your part to help prevent these types of tragedies with just a few simple steps:

1) Plan ahead – even if you don’t plan to drink. Many drivers plan ahead if they plan on drinking, but even if you do not plan on drinking you may find that you end up being served alcohol or end up drinking anyway without planning to. Any time you head to a party or holiday event, you should have a backup plan for getting home safely if you do consume alcohol. This way, being unprepared is no excuse for driving drunk.

2) Have extra money on hand. A simple way to prevent DUI Pompano Beach car accidents is simply to have extra money on hand to pay for a hotel room or taxicab home if you have been drinking. You do not want to have to make a bad decision simply because you do not have money on hand to get home safely.

3) Keep the names of hotels and taxi companies in your wallet or glove compartment. Knowing exactly who you can call and where you can call in order to sober up or get home safe makes it easier for you to make the right decision if you do drink.

4) Have more than one plan for getting home safely. Having just one get home safe plan can be risky. For example, if you designate a driver but the driver ends up drinking or ends up leaving early, you could be stranded – unless you have a backup plan to get home safe. In addition to designating a driver, therefore, you may want to have other options on hand. Have money for a taxicab, have a list of friends you can call for a safe ride home, or have other options on hand so that you have lots of ways of getting home safely.

5) Don’t plan on walking home alone if you have been drinking. While it can seem like a better option than driving drunk, walking home inebriated can lead to a Pompano Beach pedestrian accident. Pedestrians who are intoxicated are more likely to become confused and may wander into traffic or get hit by a car. Inebriated pedestrians are also more likely to be involved in a Pompano Beach trip and fall accident or are more likely to injure themselves or become the victim of a crime because they are not alert enough to walk home safely. If you must walk home, walk home with friends or get a taxicab instead.

6) Consider making a difference by donating to a local group raising awareness about drunk driving. Raising awareness about the dangers of drunk driving and supporting groups that strive to reduce drunk driving helps keep everyone safer.

Florida Car Accident Lawyer Blog

Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help