美国法律英文备忘录.pdfVIP

Memorandum To: Martha Marples From: Yang Li Re:“driving” under the influence of alcohol Date: unknown Robin Shymite,our client, he has decided to drive the car after drunk 2 or 3 bears, but failed to drive as he feel too tired to drive, and then sleep in the driver ’s seat. The police officer approached the car and insisted that he had the alcohol test, then the policeman put him in jail. One day later, his friend arranged for his release, and our client worried about he will lose the medical license if convicted of driving while intoxicated. Issue: Does Shymite’s conduct constitute “driving” the car while intoxicated because he admitted he drink bears and decided to drive home when leaving the bar, though he did not actually drive the car away, but sleep instead. Short Answer: Shymite’s conduct probably not constitutes a driving under the influence of alcohol and his action has not violated RSA 265:82, as he turned off the engine and decided not to drive the car before falling asleep. Shymite is passive and is not immediately going to control the car, rather than using the car for a rest. Facts: Shymite drunk two or three bear in the local bar. When leaving the bar, Shymite decided to drive home, but before moving the car, he realized that he was too tired to drive. He turned off the engine. However, he left the keys in the ignition so that he could listen to the radio while resting. Approximately one and half hour later, the policemen found him in the car and woke him up. The policeman insisted he was fialed the alcohol test and put him in jail. Discussion: RSA 265:82 No person shall drive or attempt to drive a vehicle upon any way: (a) While such person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs; or (b) While such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of