A Minnesota man was arrested for drunk driving.
His drunken escapade consisted of:
1. Sleeping in a car with the door open
2. Not putting the keys in the ignition
3. The engine was cold and the radio was off
4. The car would not start even if he had put the keys in the ignition
Clearly he had the intent of pushing the car down a hill into a playground full of children while passed out drunk at the wheel.
The MN Supreme Court agreed with that last statement, upholding his conviction for terrorizing the public as a drunk driving menace.
That he’d consumed about twelve beers is not in dispute. His felony conviction for drunk driving, even though his car was not running and legally parked, has earned him 48 months in custody and five years of probation.
It started one night in 2007, when when a neighbor at Fleck’s apartment complex alerted police, they found him sleeping in his car, with the driver’s side door still open.
Appealed all the way to the Minnesota Supreme Court, Fleck’s conviction was ultimately upheld, though not without testing the elasticity of interpretation.
You see, the government deems it has the right to arrest you for pre-crime. That is, it can arrest you simply if it thinks you intend to commit a crime at some point in the future. As of right now, drunk driving is the only crime I’m aware of that is enforced this way, but I’m sure that will change.
I know many fascists will cry that the state does this all the time for murder and other crimes, but that is untrue. Those convictions are deemed “conspiracy to commit”, which is entirely different than the “intent” pre-crime arrests made for DUIs such as this.
Conspiracy consists of either a confession of some form by the perpetrator prior to the crime or a witness of some form that the perpetrator has told his intent to ahead of time.
For example, if I plan on killing someone and buy a gun, a ski mask, make travel arrangements, and take all the other legal steps I need to in order to carry out my crime, the government can’t do a thing to me until I actually attempt to murder or murder the person.
The government can ONLY arrest me ahead of time if I tell someone about my intent to murder someone. Then, if they find the gun and ski mask, they can use it as corroborating evidence along with the witness testimony to convict me.
See the difference between attempt and intent?
Drunk driving convictions without actual drunk driving are a form of pre-crime. The government decides your intent, not a witness.
Obviously the jury must have been a bunch of brainwashed stooges, but that doesn’t excuse the inexcusable behavior of the MN Supreme Court’s tyrannical decision upholding this total tyranny.
2 years in prison for sleeping in your car while drunk.
I bet the tax payers are happy about spending untold tens of thousands on this guys incarceration for that period.