Is Being Drunk and Sleeping In a Parked Car An Offence ?
In Banner v. Dept. of Transp., Bureau of Driver Licensing, 558 Pa. 439, 446-447, 737 A.2d 1203, 1207 (1999) the officer discovered the operator at approximately 4:00 a.m. asleep in the reclined passenger seat of his car along side a rural road with his keys in the ignition.
His lights, engine and ignition were off.
The Court held:
Viewing the totality of the circumstances, we hold that the information available to the officer prior to his request for chemical testing falls short of the minimum required evidence to support a finding of reasonable grounds.
A review of the relevant case law indicates that at the very least, there must be some objective evidence that the motorist exercised control over the movement of the vehicle at the time he was intoxicated. Id. at 447-448, 737 A.2d at 1207.