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DWI Asleep & Parked in Your Vehicle

You decide you have had too much, and you feel the right thing to do is pull over and sleep it off. Is this a DWI? According to a Tarrant County judge in a bench trial in case number 1366316, decided on February 12, 2015- yes it is. Do I respectfully disagree with the decision? Yes.  Here are the facts: my guy (Mr. "H") was asleep in his legally parked car at a QuikTrip in Keller, Texas. No one saw him drive. No one called the police on him. The QuikTrip attendant had no idea as to how long he had been there, but it had been "a while." The seat was in recline with Mr. H fast asleep. After waking him up, the police interrogation went like this: Mr. H:    "I personally think I did the best thing." Cop:       "What's the best thing?" Mr. H:    "Where I'm at right now." Cop:       "Which is what?" Mr. H:    "Well, it damn sure ain't drinking, damn sure ain't pulli...