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  1. #1
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    Talking Drunk Passenger Fights DUI For Steering While Driver Eats Sandwich

    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.

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  2. #2
    Virginian's Avatar
    Virginian is offline Major
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    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!

  3. #3
    Five-0's Avatar
    Five-0 is offline Super Moderator
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    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.

    Meanwhile, fishing in Russia:

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    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

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    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  4. #4
    HockeyChick is offline Blah.
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    The driver relinquished control of the steering wheel to eat his sandwich? That's careless driving where I'm from.

  5. #5
    jmur5074's Avatar
    jmur5074 is offline Moderator
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    Quote Originally Posted by HockeyChick
    The driver relinquished control of the steering wheel to eat his sandwich? That's careless driving where I'm from.
    Are you a LEO??
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

    We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.

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  6. #6
    HockeyChick is offline Blah.
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    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?

  7. #7
    jmur5074's Avatar
    jmur5074 is offline Moderator
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    Quote Originally Posted by 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?
    It is. I was just curious why you weren't verified if you were. Never mind though!! Just me bein' nosey.
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

    We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.

  8. #8
    HockeyChick is offline Blah.
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    I'll sign up to be verified when I become one (heh... hopefully sooner than later) I'm not a poser, I swear!

  9. #9
    Virginian's Avatar
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    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

  10. #10
    conalabu is offline Grasshopper
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    I agree with Hockeychick, LEO or not. Careless and Reckless. Probably stick better than a DWI anyway.
    And Shepards we shall be,
    for thee, My Lord, for thee,
    Power hath descended forth from Thy hand,
    That our feet may swiftly carry out Thy Command.
    So we shall flow a river forth to Thee
    And teeming with souls will it ever be.
    In Nomine Patris, Et Filli, Et Spiritus Sancti.

 

 

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