That is a simple technicality being gleefully used by both yourself and the cops to commit an injustice upon someone (the original pbuttenger) who had no intent to be "driving drunk" as 99% of the people you might ask on the street would define it.
And, according to Motorhead Lawyer, it is supposed to be self-propelled to be a motor vehicle. It wasn't self propelled at the time, so it doesn't fit his definition of "motor vehicle". I don't know what Indiana's definition of motor vehicle is, but if it has to be self-propelled, she should have a pretty easy time beating this rap.
We don't have a record of exactly who was supposedly driving it, if anyone, when it struck the car - it could have been the original driver, the pbuttenger, or the car just might have been rolling freely at the time.
And, btw, there is a lot of precidents for being right (and innocent) in breaking most any law in an emergency. If you have been kidnapped, for instance, you are permitted to do most anything short of using weapons of mbutt destruction to escape. (Reminds me of the story - I think it was on Paul Harvey - about a fellow that was kidnapped and thrown in his own trunk. He made conversation simulating a cell phone that he didn't really have in the trunk. The bad guys stopped to keep him from using the non-existent cell phone, and then found out what he really did have in the trunk - a pair of .45 automatic pistols. Shot 'em both dead. Cops said, "Good shootin!'")
Dave Head
