Passenger gets charged with DUI

[You Are Guilty]

Here's a new twist:

Car passenger charged with DUI
Associated Press
Last update: August 02, 2006 – 10:59 AM

CARLISLE, Pa. — A Pennsylvania man is fighting a DUI charge, on the grounds that he was in the passenger's seat.

A state trooper says Derek Pittman had reached over and was steering the car while the driver was taking a bite of a sandwich that he was holding in both hands.

The trooper says the car was weaving on the road, so he gave Pittman a field sobriety test and he failed -- with a blood alcohol content nearly three times the legal limit for driving in Pennsylvania.

Pittman's attorney says the man in the driver's seat wasn't given a sobriety test -- and besides, he never took his hand off the steering wheel, so the charge should be thrown out.

A hearing is scheduled later this month in Cumberland County Court.

[url]http://www.startribune.com/484/story/590597.html[/url]

One more thing for you drunks to worry about I guess

[enjay]

My gut reaction is that's a load of crap. If you aren't driving, and someone else is, you aren't DUI.

[Ohiogal]

Originally Posted by enjay

My gut reaction is that's a load of crap. If you aren't driving, and someone else is, you aren't DUI.

If his hands were on the wheel then he was in control of the vehicle. Being in control of the vehicle means you are driving -- even though the man was in the passenger seat he was driving the vehicle. If his hands were on the wheel steering. Therefore a DUI.

[enjay]

Originally Posted by Ohiogal

If his hands were on the wheel then he was in control of the vehicle. Being in control of the vehicle means you are driving -- even though the man was in the passenger seat he was driving the vehicle. If his hands were on the wheel steering. Therefore a DUI.

But according to our dear drunk guy (and his lawyer), the driver (who we can assume had his foot on the gas pedal) also had his hands on the wheel, therefore the driver was in control of the car and the drunk guy was not.

My real question is why wasn't the guy in the driver's seat breathalyzed.

[rmet4nzkx]

How can the driver have both hands on the sandwich and on the steering wheel at the same time? Perhaps the Drunk was trying to "help" when "help" wasn't needed thus causing the driver to lose control of the car.

[CdwJava]

I can see charges all around!

- Carl

[Ohiogal]

Originally Posted by enjay

But according to our dear drunk guy (and his lawyer), the driver (who we can assume had his foot on the gas pedal) also had his hands on the wheel, therefore the driver was in control of the car and the drunk guy was not.

My real question is why wasn't the guy in the driver's seat breathalyzed.

I don't know but that doesn't excuse the drunk for his behavior. if his hands were on the wheel he was in control regardless of who else had their hands on the wheel. Carl is correct -- driver and passenger should be charged. But the DUI charge makes sense.

[Hopkins306]

As long as the vehicle is in motion and the passenger's hand was on the wheel and not the gas he is technically driving the vehicle. and i don't understand how the driver can be holding a sandwhich with two hands and still have a hand on a steering wheel...does this guy have three arms? The driver shouldn't eat and drive at the same time.

[fagettaboutit]

Originally Posted by You Are Guilty

One more thing for you drunks to worry about I guess

Words that only a true teetotaler could appreciate.

[fagettaboutit]

Originally Posted by enjay

My real question is why wasn't the guy in the driver's seat breathalyzed.

He was - he passed. Good to see there are designated drivers.

[tranquility]

The legal question here will not be if a person who has hands on the wheel is in control, but how do you prove the control?

Apparently, the police officer did not know the passenger had his hands on the wheel. Only after questioning the driver did the passenger pipe up with a "confession" about his hands. The police did not see this and relied only on the passenger's statement.

[peanut44]

Originally Posted by tranquility

The legal question here will not be if a person who has hands on the wheel is in control, but how do you prove the control?

Apparently, the police officer did not know the passenger had his hands on the wheel. Only after questioning the driver did the passenger pipe up with a "confession" about his hands. The police did not see this and relied only on the passenger's statement.

If I was on a jury, I'd have to agree that the passenger was "in control". Why any sober person would tell a drunk passenger to "grab the wheel while I eat my sammich" is beyond me. I suppose it'll all come down to whether the passengers statement is valid or not. He's a double idiot for admitting to it.

[SillyPuddy]

I would expect a DUI to stick somehow. This is a new opportunity for another way to obtain a charge.

[fagettaboutit]

Originally Posted by peanut44

If I was on a jury, I'd have to agree that the passenger was "in control". Why any sober person would tell a drunk passenger to "grab the wheel while I eat my sammich" is beyond me. I suppose it'll all come down to whether the passengers statement is valid or not. He's a double idiot for admitting to it.

DUI laws aren't defined by "control" they are defined by 'operating'. Who was operating the vechicle - the driver or the passenger?

There's nothing in this situation that states the driver asked the passenger to "grab the wheel". Perhaps the passenger took it upon himself after noticing the driver didn't have any hands on the wheel.

Originally Posted by SillyPuddy

I would expect a DUI to stick somehow. This is a new opportunity for another way to obtain a charge.

Exactly. Another added twist to increase arrests.

Let's recap,

Designated driver is eating a sandwich. This, of course, would make him a danger. Apparently just being a danger isn't illegal - as long as no alcohol is involved.

Cop sees car swerve and assumes it's a drunk driver

Driver is tested for alcohol and passed

Drunk passenger claims he grabbed the wheel

Passenger is arrested for DUI

Takes over an hour to process passenger for DUI

Meanwhile, across town some smashed drunk gets behind the wheel and drives

Yeah, it all makes perfect sense - if your desperate to make DUI arrests.

[GotAdvice?]

Now I know how to avoid my next DUI.. just let the fool in the passenger seat next to me steer