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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.
