Apparently the ‘D’ in ‘DUI’ does not have meaning anymore. David Montalvo, 36, was arrested when he, in a responsible fashion, decided to sleep off his intoxication in the parking lot of the Market Place Deli. He was charged with DUI.
Monatlvo’s GMC pickup truck was running and in park while he was stopped at the parking lot. The reason the truck was running was because it was 25 degrees Fahrenheit that February morning and he was trying to keep warm.
Montalvo awoke at 5 am with a Hamburg Police Department patrolman standing over him. The cop claims he wanted to make sure Montalvo was okay. The officer then insisted that he take a breathalyzer test, a request that Montalvoe refused.
He was arrested and forced to make a conditional guilty plea, intending to challenge the officer in court on the grounds that his actions violated the fourth amendment.
A New Jersey appellate court upheld the decision and convicted Montalvo of Driving Under the Influence for sleeping in a parked car while intoxicated.
He now faces a ‘driver’s responsibility’ tax of $3000 and an assorted array of complimentary fines and fees that add up to at least an additional $1000.