Car Not Drivable & Operation Requirement – State v. DiFrancisco
Car Not Drivable & Operation Requirement – State v. DiFrancisco
The recent case of State v. DiFrancisco in Rhode Island clarified an important aspect of DUI law – whether a car needs to be capable of actual operation at the time to sustain a DUI charge. Let’s break down what happened in this case and what it means going forward.
So here’s the sitch. Thomas DiFrancisco was found by police asleep in his car, which was parked in a bank parking lot with the engine running on a winter night. The cops knocked on the window and woke him up. He exhibited signs of intoxication, slurred speech, bloodshot eyes, etc.
When the cops asked him to step out of the vehicle, they realized the car was not drivable. It was up on blocks with no tires! Like literally propped up on pieces of wood or cement blocks instead of wheels.
So the issue became – can you charge someone with a DUI if their car isn’t capable of being driven at that moment? There was no question that DiFrancisco was drunk and intended to drive, but the car wasn’t going anywhere without tires.
DiFrancisco’s lawyer tried to get the case thrown out, saying you can’t have a DUI without an operable vehicle. But the prosecution argued that the law doesn’t actually require the vehicle to be capable of operation at the time of arrest.
The case went all the way up to the Rhode Island Supreme Court. And they agreed with the prosecution – the law does not require the vehicle to be presently capable of operation. As long as the person is in the driver’s seat of the vehicle, has the key, and shows intent to drive, they can be charged with a DUI even if the car isn’t currently drivable.
The Court pointed out that the relevant Rhode Island law says it’s illegal to operate OR BE IN ACTUAL PHYSICAL CONTROL of a vehicle while intoxicated. So while DiFrancisco wasn’t operating the car when police found him, he was still in physical control. The car not having tires didn’t change that.
This case has implications for DUI law across the country, not just in Rhode Island. Many states have similar statutes that prohibit being in “actual physical control” of a vehicle while intoxicated, not just actually operating it. This gives police and prosecutors a lot of leeway.
So let’s look at some pros and cons of the ruling:
Pros:
- Upholds the spirit of DUI laws – getting dangerously drunk people off the road. Even if your car is undrivable at the moment, if you’re drunk in the driver’s seat you could get back on the road once you sober up.
- Prevents people from skirting DUI charges on technicalities about car operation. Like, I can’t get a DUI cuz I popped the tires off my car while wasted! Nice try bud.
- Public safety. Keeping drunk drivers from getting behind the wheel is the priority. This ruling promotes that goal.
Cons:
- Potentially penalizes people who did not actually endanger others, since their car wasn’t capable of being driven at the time.
- Relies on subjective assessments by police of the driver’s intent to operate the vehicle. Could lead to bogus DUI arrests.
- Upholds very broad interpretation of DUI laws that some may see as overly punitive. Casts a wide net.
So in summary, this case expands the definition of DUI to include people drunk in non-operable vehicles. As long as they are in the driver’s seat and could potentially drive once sober, they can be charged.
How might this affect drunk people sleeping it off in their cars? That’s a gray area. Some states have exceptions for people using their non-moving cars as shelter after drinking. But in general, you’re risking a DUI if found intoxicated behind the wheel – even if the car has no wheels!
The takeaway here is – don’t drink and drive, period. And certainly don’t pass out drunk in the driver’s seat if you want to avoid a DUI, no matter what condition your car is in. The laws are not sympathetic to technical arguments about drivability.
Let me know if you have any other ?’s on this fascinating case and the thorny legal issues it raises! DUI law is complex stuff. I’m happy to chat more about it. Just hit me up.