Man found by cop sleeping in car on side of road acquitted of DUI
Superior Court Associate Judge Joseph N. Camacho acquitted yesterday a man as to the charge of driving while under the influence of alcohol after finding that he was actually sleeping in his car on the side of Isa Drive in Kagman.
Camacho determined that there was no testimony that defendant Angel Cepeda Reyes operated a vehicle by driving, operating, or in actual physical control of the car.
Camacho said basically, Reyes was sleeping in his car on the side of the road and not on the road.
The judge said the Office of the Attorney General fails to put on any testimony or proof that the vehicle was actually operated up until it is parked at the location and that Reyes was actually under the influence of alcohol at the time leading up to where he parked the car.
OAG, Camacho said, still has to prove that the car was driven, operated, or in actual control in a public highway.
“That was not done,” he said.
The judge said basically, OAG is prosecuting this case, which is about “parked while under the influence of alcohol.”
In this case, Camacho said, a vehicle was parked on the side of the road (not on the road), which a police officer came up upon.
Camacho said DUI states that an operator must drive, operate, or be in physical control of a vehicle.
The judge also found Reyes not guilty as to the charge of refusal to take breathalyzer.
Attorney Joaquin DLG Torres served as counsel for Reyes. Assistant attorney general Jonathan Wilberscheid called two police officers to the witness stand. No exhibits were admitted as evidence.
The JROTC general should educate their police officers as to what is DUI? What happened to mini Kwon? Is he still employed at DPS?
That’s how it is . U must pull over.. what’s ur point
Point is YOU DONT DRIVE DRUNK IN THE FIRST PLACE
he made a good decision ,not like the POLICE Officer for the DUI Section ended up on a tree, He hit The Kwon Lol…
Yes, ‘technically’ in Hawaii, in the past days, I had heard at the time era of my comment, the cops ‘could’ make an arrest, but in those days I had never heard of any arrest for ‘sleeping’ in the car drunk, as possibly to the reason that if the keys were in the ignition the cops ask the person to remove them and put them on the floor or they themselves would pull them out and place them on the floor.
I am assuming that is a ‘call’ that cops could make in the case if warranted due to a problematic person ‘sitting’ in his car drunk and being obnoxious to the cops or others passing by etc.
In the cases that my fellow workers were involved in, they all were asleep stretched out on the seat. Many of them were regulars and did this almost daily.
or PUI ( PARKING under the INFLUENCE)
Good decision? …hello…anyone home….YOU DONT DRIVE IF U ARE DRINKING IN THE FIRST PLACE …PERIOD !
I wonder how far this guy had drive to get to where he was found passed out. Unless he was one of those people that enjoy drinking by the road. I wonder if Judge Camacho represented the defendant in this case. lol or it could be a nephew…. It’s good that this guy didn’t go any further to put himself and others at risk. Now if he refused to take a breathalyzer test and the police officers smells intoxication omitting from his breath, there must be something wrong with the justice system for dropping the other charges. Welll Mr. Reyes, a lesson learn, maybe the next judge may not dismiss your charges. Be safe and have a DD with you if you plan on drinking alcohol.
yea it sure was good he had the sense to pull over…
They are good in giving traffic citations, but they cannot solve any murder or missing person cases/