When people think about drunk driving incidents, they may conjure up images of police pulling over a vehicle or responding to the scene of an accident that has just occurred. However, someone behind the wheel of a motor vehicle that isn't moving may still be subject to DUI charges in Nashville, depending upon the underlying circumstances. This was the case recently in Tennessee as police say a man was arrested and charged with DUI after being found passed out behind the wheel.
This incident apparently unfolded after a security guard got the attention of the police to notify them that a vehicle was driven through some grass. The police say they found the driver asleep when they opened the door. Allegedly, the engine was still running, and he had his foot on the brake.
The same man apparently had a similar incident a few years ago. The man was found in a car parked on the road. He was asleep, with his foot on the brake. That led to a DUI charge, his fourth one. In addition to the new DUI charges against the man, he was also charged with driving on a revoked license.
Even though the vehicle was not in motion, Tennessee police may still pursue DUI charges based upon the gathered evidence. Nevertheless, anyone arrested is presumed innocent until -- and only if -- proven otherwise in court. The burden of proof to obtain a conviction, characterized as beyond a reasonable doubt, is on the prosecution. A defense attorney can offer defense strategy options, pursue plea bargains (if and when applicable) and challenge the legitimacy of any purported evidence in an attempt to obtain a dismissal or other favorable result.
Source: wsmv.com, "Man found asleep at the wheel arrested for 5th DUI", Nancy Amons, Feb. 3, 2015
