gskibum
11-22-2009, 10:13 AM
Video at link (http://www.KOB.com/article/stories/S1268275.shtml?cat=500)
A disabled Vietnam veteran says he chose to do the right thing after a night of drinking by not getting on the road drunk. He was arrested for DWI anyway, and convicted by a judge.
Fidencio Francia said, "I had made up my mind: I wasn't driving. All I did is went to my truck, got in it, and went to sleep."
Francia says he didn't want to put his life, or anyone else's, in danger by driving drunk— but a judge says the law is clear, and Francia is guilty of DWI.
"I didn't wanna hurt anyone, because I felt I wasn't gonna be able to drive safe," Francia said.
Fighting back tears, Francia says he's no criminal, but in August of 2008, he was arrested for DWI after blowing a .13.
Last week, a judge found him guilty.
Francia says the conviction is just plain wrong, because he wasn't even driving.
Francia said, "I coulda got in my truck and started it and tried to drive away, but I didn't."
Francia says he drank a Jack and Coke and two beers at the American Legion Post 99 in Albuquerque. The Edgewood man says he knew there was no way he could make it home safely.
"I could either hurt myself or hurt someone else, and that I didn't want to do that," Francia said. "So that was my main purpose not to drive."
Francia says he got in his truck, placed his keys under a pillow he keeps in the center console, and went to sleep with the intentions of driving home the next morning.
Two hours later, an Albuquerque police officer came knocking on his window, and did a field sobriety test on Francia. He failed and was arrested.
"'If you drink, you drive, you lose…' Well, they gotta add that you cannot fall asleep in your vehicle," Francia said.
We sat down with District Attorney Kari Brandenburg to ask how Francia could be charged and convicted of DWI when he didn't even have the keys in the ignition.
Brandenburg said, "Well, I appreciate that he wasn't driving and putting everyone at risk, but New Mexico case law says that if he's in control of the vehicle, meaning he's in the driver seat and has access to the keys, and can turn that vehicle on and operate it, then he is in fact guilty of DWI.
Francia's daughter says she is proud of him for making the decision to not drink and drive.
Amanda Francia said, "Maybe the state feels that he broke the law, but I think that I'm very proud of him… That he can sleep at night knowing that he made the right choice and he didn't hurt anybody."
A judge agreed with the district attorney, citing case law as the reason for finding Francia guilty.
Francia has not been sentenced, but faces up to 90 days in jail.
His attorney says after sentencing, he will file an appeal.
I so detest the liberal-run judicial system in this liberal-run state.
A disabled Vietnam veteran says he chose to do the right thing after a night of drinking by not getting on the road drunk. He was arrested for DWI anyway, and convicted by a judge.
Fidencio Francia said, "I had made up my mind: I wasn't driving. All I did is went to my truck, got in it, and went to sleep."
Francia says he didn't want to put his life, or anyone else's, in danger by driving drunk— but a judge says the law is clear, and Francia is guilty of DWI.
"I didn't wanna hurt anyone, because I felt I wasn't gonna be able to drive safe," Francia said.
Fighting back tears, Francia says he's no criminal, but in August of 2008, he was arrested for DWI after blowing a .13.
Last week, a judge found him guilty.
Francia says the conviction is just plain wrong, because he wasn't even driving.
Francia said, "I coulda got in my truck and started it and tried to drive away, but I didn't."
Francia says he drank a Jack and Coke and two beers at the American Legion Post 99 in Albuquerque. The Edgewood man says he knew there was no way he could make it home safely.
"I could either hurt myself or hurt someone else, and that I didn't want to do that," Francia said. "So that was my main purpose not to drive."
Francia says he got in his truck, placed his keys under a pillow he keeps in the center console, and went to sleep with the intentions of driving home the next morning.
Two hours later, an Albuquerque police officer came knocking on his window, and did a field sobriety test on Francia. He failed and was arrested.
"'If you drink, you drive, you lose…' Well, they gotta add that you cannot fall asleep in your vehicle," Francia said.
We sat down with District Attorney Kari Brandenburg to ask how Francia could be charged and convicted of DWI when he didn't even have the keys in the ignition.
Brandenburg said, "Well, I appreciate that he wasn't driving and putting everyone at risk, but New Mexico case law says that if he's in control of the vehicle, meaning he's in the driver seat and has access to the keys, and can turn that vehicle on and operate it, then he is in fact guilty of DWI.
Francia's daughter says she is proud of him for making the decision to not drink and drive.
Amanda Francia said, "Maybe the state feels that he broke the law, but I think that I'm very proud of him… That he can sleep at night knowing that he made the right choice and he didn't hurt anybody."
A judge agreed with the district attorney, citing case law as the reason for finding Francia guilty.
Francia has not been sentenced, but faces up to 90 days in jail.
His attorney says after sentencing, he will file an appeal.
I so detest the liberal-run judicial system in this liberal-run state.