Drunk Passenger Fights DUI For Steering While Driver Eats Sandwich

[TXCharlie]

http://www.nbc5i.com/news/9614657/detail.html

POSTED: 9:54 am CDT August 2, 2006

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

A state trooper said 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 said the car was weaving on the road before he pulled it over. He said he then noticed a strong odor of alcohol coming from the car and saw the driver holding a large sandwich with both hands. 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.


The trooper said he gave the test only to Pittman because the alcohol odor wasn't coming from the driver; it was coming from Pittman. Records show that when the trooper asked the driver why the car was swerving, Pittman leaned across the front seat and told the trooper it was his fault because he had briefly held onto the steering wheel while his friend was taking a bite of his sandwich.

Pittman's attorney said the guy 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.

Court records show that the first district judge refused to sign the original arrest warrant for Pittman.

"I don't believe there is probable cause to believe Mr. Pittman was in actual physical control of the vehicle," the judge told the trooper in a note, according to The Patriot News.

The paper said the district attorney's office then petitioned for permission to ask another district judge to sign an arrest warrant. And in February, a different district judge signed the second warrant.

A hearing is scheduled later this month in Cumberland County Court over the Dec. 26 incident.

[Virginian]

The alcohol odor wasn't coming from the driver, yet the guy was eating a sandwich with both hands AND letting his drunk passenger steer? He must clean up well!

[Five-0]

So the passenger was in control of the vehicle by his own admission. Sounds like an open and shut case to me. The driver should be charged with reckless endangerment for allowing the impaired passenger take control of the moving vehicle.

[HockeyChick]

The driver relinquished control of the steering wheel to eat his sandwich? That's careless driving where I'm from.

[jmur5074]

The driver relinquished control of the steering wheel to eat his sandwich? That's careless driving where I'm from.

Are you a LEO??

[HockeyChick]

Not yet. I am very familiar with the Highway Traffic Act in Ontario, though (HTA).

Sorry if I came across like I am one. This is a public forum, correct?

[jmur5074]

Not yet. I am very familiar with the Highway Traffic Act in Ontario, though (HTA).

Sorry if I came across like I am one. This is a public forum, correct?

It is. I was just curious why you weren't verified if you were. Never mind though!! Just me bein' nosey.

[HockeyChick]

I'll sign up to be verified when I become one (heh... hopefully sooner than later) I'm not a poser, I swear!

[Virginian]

jmur wasn't it you who just said you were leaving LEF or something? Could have been someone else, I'm easily confused.

edit -

I'll talk to you all when I get back, probably a week or two.

Nevermind, I have poor reading comprehension skills

[conalabu]

I agree with Hockeychick, LEO or not. Careless and Reckless. Probably stick better than a DWI anyway.