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Honest Question about Jordan Williams

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Trapper85

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Jun 22, 2020
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RockySmith said:
State v. Wiezorek, No. 0-315/09-1415 (Iowa Ct. App. May 26, 2010), is an Iowa Court of Appeals decision addressing the meaning of operating a motor vehicle while intoxicated (OWI) under Iowa law. The court affirmed a conviction involving an intoxicated defendant found asleep behind the wheel of a parked vehicle with its engine running.

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Ridiculous leeway. That aside, apparently even the highest court in the land can reverse itself. That aside, Jordan needs help, hope he gets it.
 
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manatree

manatree

All-American
Oct 6, 2021
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RockySmith said:
State v. Wiezorek, No. 0-315/09-1415 (Iowa Ct. App. May 26, 2010), is an Iowa Court of Appeals decision addressing the meaning of operating a motor vehicle while intoxicated (OWI) under Iowa law. The court affirmed a conviction involving an intoxicated defendant found asleep behind the wheel of a parked vehicle with its engine running.

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This is a common interpretation in most states. Dig deep enough and it is ‘in control of the vehicle’ not just driving the vehicle. Even if the vehicle isn’t running it can depend on what seat you are ‘sleeping’ in and where the keys are. ’Sleeping‘ in the car in the driver’s seat with the keys in your pocket and you will probably still get charged. ‘Sleeping’ in the back seat with the keys in the glove compartment, maybe not. Throw in remote start keys and it gets even murkier.
 
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MSU158

All-Conference
Nov 20, 2014
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manatree said:
This is a common interpretation in most states. Dig deep enough and it is ‘in control of the vehicle’ not just driving the vehicle. Even if the vehicle isn’t running it can depend on what seat you are ‘sleeping’ in and where the keys are. ’Sleeping‘ in the car in the driver’s seat with the keys in your pocket and you will probably still get charged. ‘Sleeping’ in the back seat with the keys in the glove compartment, maybe not. Throw in remote start keys and it gets even murkier.
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The key to it all is if you are willing to go to trial in front of a jury. I simply can't imagine 12 people convicting someone if they can reasonably show that the ENTIRE POINT was to NOT drive while drinking. Although, as mightier than though judgmental many on here seem to be, my faith in people may be entirely misplaced....
 
Nashville_Hawk

Nashville_Hawk

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Dec 31, 2015
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MSU158 said:
The key to it all is if you are willing to go to trial in front of a jury. I simply can't imagine 12 people convicting someone if they can reasonably show that the ENTIRE POINT was to NOT drive while drinking. Although, as mightier than though judgmental many on here seem to be, my faith in people may be entirely misplaced....
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It’s either going to be settled out of court (plea deal) or decided by a judge; no wasting a jury trial on a DUI/OUI.
 
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Mattski

Mattski

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Apr 21, 2022
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MSU158 said:
The key to it all is if you are willing to go to trial in front of a jury. I simply can't imagine 12 people convicting someone if they can reasonably show that the ENTIRE POINT was to NOT drive while drinking. Although, as mightier than though judgmental many on here seem to be, my faith in people may be entirely misplaced....
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Ahh yes, the real problem is the people who are critical of a guy who has a history of alcohol related issues making yet ANOTHER dumb alcohol related decision... not the guy who can't seem to stop drinking himself into a stupor long enough to stay on his 3rd team. Sorry but you're an idiot.
 
Slim45

Slim45

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Nov 30, 2019
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Mattski said:
Ahh yes, the real problem is the people who are critical of a guy who has a history of alcohol related issues making yet ANOTHER dumb alcohol related decision... not the guy who can't seem to stop drinking himself into a stupor long enough to stay on his 3rd team. Sorry but you're an idiot.
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Pretty easy to tell his post wasn’t even about Williams and his case lol
 
R

RockySmith

All-Conference
Dec 10, 2020
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MSU158 said:
The key to it all is if you are willing to go to trial in front of a jury. I simply can't imagine 12 people convicting someone if they can reasonably show that the ENTIRE POINT was to NOT drive while drinking. Although, as mightier than though judgmental many on here seem to be, my faith in people may be entirely misplaced....
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I’ve been the foreman on a couple of juries. Not a lawyer.

The prosecution gives the jury the law, and the facts. In this case they would say, “If a person is behind the wheel, and the car is running, and they are sleeping, this meets the rule for OWI.” Then they have a police officer testify that the man was indeed behind the wheel, the car was running, and he was sleeping. The defense will try to claim he wasn’t drinking and driving, but the jury will likely find that’s not the law.

All this being said, it will never go to a jury, so it doesn’t matter.
 
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