Posting from Google, I can't thread responses easily, but...
I didn't respond to the coasting scenario since turning off the engine and coasting can easily be reasoned that, moments before, the person was in fact driving with the engjne running. There would be no other way to get the car up to the speed that the officer would easily be able to attest to being fast enough that they couldn't have achieved it by another means.
Bicycles - yeah, maybe that's fair, since you could mis-direct one into the path of a car, causing it to swerve and result in a big accident. But pushing a car into a parking lot after it dies, and simply steering it - no way. The pushing-steering was absolutely necessary for safety to clear the road of the obstacle that was the car. The person actually driving the car before it died should get the DUI, the other person helping should get a pbutt, or maybe public drunkedness, but no more. "Public" - does that include the inside of the car? I dunno - she likely had no anticpation of being outside the car before arriving home, so the intent to commit the offense would not have been present. The fact that the car died had to be dealt with on an emergency basis.
Dave Head
