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Mohamed Fadul v. District of Columbia, No. 13-CT-226
(January 22, 2015).
Players: Associate Judges Glickman &
McLeese, Senior Judge Nebeker. Opinion by Senior Judge Nebeker. M.
Kamionski for Mr. Fadul. Trial
Judge: Truman A. Morrison III
Facts: Mr. Fadul was found asleep in
the driver’s seat of a parked car. His
urine showed that he was intoxicated. He
was charged with driving under the influence of alcohol (DUI).
Issue 1: Was there sufficient evidence that the
defendant “operate[d]” and was “in physical control” of the parked vehicle as
required by the DUI statute?
Holding 1: Yes.
Operating a vehicle means being capable of putting the vehicle into movement
or preventing its movement. It is not
limited to actual driving. Thus, a
person sleeping in the driver’s seat of a parked car with the engine idling is
operating and in physical control of the car.
Issue 2: Is the DUI statute unconstitutionally
vague because a reasonable person could not have been on notice that sleeping
in a parked car could violate the statute?
Holding 2: No.
Because the court has consistently interpreted operation and “in
physical control” to mean being capable of putting the vehicle into motion
rather than actually moving, a person could have reasonably understood that
sleeping in the driver’s seat with the engine running while intoxicated would
violate the statute. DG
Absolutely disgusting use of law. If a vehicle isn't being operated their should be no question of culpability. Its a presumption of guilt. If your at a house party and the car is parked but the owner still has his keys in his pocket he is just as in charge of that vehicle as a person asleep in the back seat.
ReplyDeleteYeah technically if your engine is on and you are drunk, then you can be charged with DUI. There are so many similar cases which my cousin keeps telling me as he works with a DUI attorney Los Angeles. Though we think it’s impossible but the definition of law states otherwise.
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