Althouse: Video: "A drunk driver was spotted standing on top of his car as it rolled down a street in China."

September 2, 2017

Video: "A drunk driver was spotted standing on top of his car as it rolled down a street in China."

"According to reports, the man had been celebrating a business deal that had gone well earlier in the day."

10 comments:

Narayanan said...: How can it be DUI if no driver. He should be categorically acquitted.; 9/2/17, 7:24 PM
Clyde said...: It probably worked just fine back in his home village when he did it with a water buffalo.

How you gonna keep 'em down on the farm after they've seen Guangzhou?; 9/2/17, 7:29 PM
Curious George said...: Can't drink. Can't dance.; 9/2/17, 8:31 PM
Guildofcannonballs said...: Was it none other than The Coen Ethan whom named his poetry The Drunken Driver Has The Right Of Way?

What have any of you fucks worthy of Ehatn Coen?; 9/2/17, 9:35 PM
Guildofcannonballs said...: https://www.amazon.com/Drunken-Driver-Has-Right-Way/dp/0307462692; 9/2/17, 9:37 PM
Ambrose said...: I watched the video and he seemed in control. Those Chinese police will arrest you for anything. Call Amnesty International; 9/2/17, 10:10 PM
tim maguire said...: Agree with Narayanan--he wasn't driving, therefore he could not be a drunk driver.; 9/3/17, 6:23 AM
Christopher said...: Oddly enough I was having a conversation about something like this yesterday. It's called "Ghost Ride the Whip" and it's apparently a thing:

https://www.youtube.com/watch?v=nd-JGXXSQ_c

By the way, don't listen to the music video it's based on. It's a butchered version of the Ghostbusters Theme which was itself a butchered version of "I Want a New Drug"; 9/3/17, 6:35 AM
Oso Negro said...: Ain't no party like a Chinese party.; 9/3/17, 7:50 AM
Wince said...: Whether you can operate a vehicle without driving it seems like the essential element of the crime to prove.

Do I Have to be Driving My Car in Order to Get a DUI?

Again, some states require a defendant to be actually driving a vehicle in order to be convicted of drunk driving. However, some states use the terms “operating a motor vehicle” or “being in physical control” of a vehicle within the definition of DUI elements.

This distinction in terms is significant- it can make the difference between whether a person is convicted of DUI or not. For example, in some states, a person who is sitting in their car with the key in the ignition is considered to be “in physical control” of the vehicle. This is true even if the car is not moving or if the engine has not even been started. Thus, a person might be convicted of a DUI if they are in such a position while under the influence of alcohol.

It may also make a difference whether the car is situated on a public road or highway versus a private area such as a driveway. An intoxicated person might be charged with a DUI if they use their car as a shelter while parked on a public road. On the other hand, a drunk person who is sitting in their car parked on their own driveway isn’t likely to be charged with a DUI (again, this may vary according to jurisdiction).

Even with reckless operation, the key element seems to be operation of the vehicle.

Whoever, upon any way or in any place to which the public has a right of access, or [in] any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly . . . ” In order to prove the defendant guilty of this offense, the Commonwealth must prove three things beyond a reasonable doubt: First: That the defendant operated a motor vehicle; Second: That he (she) did so (on a way) (or) (in a place where the public has a right of access) (or) (in a place where members of the public
have access as invitees or licensees); and Third: That he (she) did so in a reckless manner.; 9/3/17, 8:36 AM