Man loses fight for right to sleep in car
Posted: Fri Nov 21, 2003 8:47 am
CLAREMONT, N.H. — You have the constitutional right to remain silent, as well as the right to an attorney. You do not, however, have the right to sleep off a night of drinking in your idling car.
That was the ruling handed down last week by the New Hampshire Supreme Court in the unusual case of William Winstead.
Winstead's eventual trip to the top of the New Hampshire court system began in April 2002 in the parking lot of a Wal-Mart Supercenter.
After drinking a six-pack of Bacardi Silvers, Winstead, 25, decided to sleep in his car until he sobered up enough to drive. Winstead left his Saturn's engine running to keep warm, but had the car in neutral and the emergency brake on.
He slept soundly until police officer Shawn Hallock roused him at about 3 a.m. on April 6, 2002. Winstead admitted drinking but said he planned to sleep until he sobered up. He passed two Breathalyzer tests.
Hallock also asked Winstead to take a blood test to check for drug use, Winstead said. Though the test showed he was not on drugs, it did reportedly confirm that he was still legally drunk.
Winstead was charged with, and later convicted of, drinking and driving, even though the car was in neutral. He challenged the conviction on several grounds, including the fact that he wasn't driving.
The high court upheld the conviction, agreeing with prosecutors that Winstead met the New Hampshire standard for being in actual physical control of his car, even though he was asleep.
That was the ruling handed down last week by the New Hampshire Supreme Court in the unusual case of William Winstead.
Winstead's eventual trip to the top of the New Hampshire court system began in April 2002 in the parking lot of a Wal-Mart Supercenter.
After drinking a six-pack of Bacardi Silvers, Winstead, 25, decided to sleep in his car until he sobered up enough to drive. Winstead left his Saturn's engine running to keep warm, but had the car in neutral and the emergency brake on.
He slept soundly until police officer Shawn Hallock roused him at about 3 a.m. on April 6, 2002. Winstead admitted drinking but said he planned to sleep until he sobered up. He passed two Breathalyzer tests.
Hallock also asked Winstead to take a blood test to check for drug use, Winstead said. Though the test showed he was not on drugs, it did reportedly confirm that he was still legally drunk.
Winstead was charged with, and later convicted of, drinking and driving, even though the car was in neutral. He challenged the conviction on several grounds, including the fact that he wasn't driving.
The high court upheld the conviction, agreeing with prosecutors that Winstead met the New Hampshire standard for being in actual physical control of his car, even though he was asleep.