The federal employee was discovered by Minnesota state troopers “slumped over in the driver’s seat.”

State troopers in Minnesota have arrested and charged a Border Patrol agent with drunk driving after he was found passed out in a car and “covered in vomit.”

Officers discovered Alfredo Mancillas Jr., a 31-year-old Customs and Border Patrol employee from Texas, “slumped over in the driver’s seat” on a St. Paul road in the early hours of Tuesday morning, the Sahan Journal reported.

  • RememberTheApollo_@lemmy.world
    9·
    3 days ago

    The CBP guy wasn’t a victim. He was found in the car parked in a no parking area. Not in a bar parking lot trying to sleep it off. He drove to the site of his arrest, ergo the DUI was legit.

  • yetAnotherUser
    41·
    3 days ago

    Don’t care about the guy but this is a great double example of ACAB, where both victim and perpetrator fit the description:

    arrested and charged a Border Patrol agent with drunk driving

    Mancillas, who had parked

    It’s utterly insane to criminalize sleeping in your car while drunk.

    • GreyEyedGhost@piefed.caEnglish
      3·
      2 days ago

      He was either sober or drunk when the vehicle was pulled over, so the question becomes, was he parked somewhere reasonable to have a quick drunk? It sounds like he wasn’t, which raises the likelihood that he was drunk when he pulled over, so DUI. That said, I agree that being drunk in a parked vehicle, or even being asleep in a parked vehicle shouldn’t be illegal, but the former is illegal and the latter often is, as well.

      • yetAnotherUser
        1·
        2 days ago

        I think it’s rather difficult to prove beyond reasonable doubt he pulled over after drinking.

        I mean, what can you even use as evidence? Maybe payment records from his bank account to prove he was at a bar or something but I’m not sure a (gross) misdemeanor charge is sufficient for such a warrant.

        I think they’re basing the charge solely off of him “being in control” of the vehicle, according to this random website because I have no clue about US laws:

        https://www.saintcloudlaw.com/blog/2024/06/you-can-get-a-dwi-while-sitting-in-a-parked-car/

        While most people associate this with driving a car, “physical control” doesn’t require the vehicle to be moving. Instead, it means you have the capability to operate the vehicle, which is determined by the following factors:

        • Whether you are in the driver, passenger or back seat
        • If the keys are in the ignition, your hand or within reach
        • If the engine is running