My last blog entry explored the issue of actual physical control of a vehicle while impaired: the situation of pulling off the road when you feel you shouldn't drive. You still may be in violation of the law if you are in a position to operate your vehicle. It can be an emergency of sorts when you don't feel you can drive. What about a true emergency that compels you to drive in the first place?
Take the recent case of an unfortunate friend
in New York. He settled in at home to ride out Hurricane Sandy and consumed
several drinks. He then received a call that his elderly, invalid mother had no food or
power and her aid did not show up. Rightly perceiving an emergency, he braved
the elements to get provisions to bring her a meal and generally to provide help. But feeling the effects of alcohol, my friend pulled over. The car remained running. A trooper soon pulled up behind him. Result? Arrested for DUI - actual physical control.
Valid emergency? Did he have an alternative? One hopes upon proof of these circumstances, the prosecutor will reduce the charge. The case is pending....
