Assemblyman Richard Carrillo’s appeal of his misdemeanor DUI conviction will be heard by District Judge James Wilson Jan. 26, 2016, in Carson City.
Carrillo was arrested Feb. 27 after deputies found him sleeping in the driver’s seat of his sports car with the engine running.
Attorney Larry Dunn appealed the conviction by Justice of the Peace John Tatro arguing there was no evidence presented to indicate Carrillo, D-Las Vegas, drove the car to the parking spot outside Jimmy G’s saloon. Dunn argued the court must prove “beyond reasonable doubt” Carrillo drove the vehicle there while intoxicated, not simply he was passed out in the driver’s seat.
“Judge Tatro did not even mention the fact that there was uncontroverted evidence that Appellant did not attempt to operate the vehicle,” the appeal argues.
But Carson City Deputy District Attorney Amy Steelman argued Carrillo was nonetheless in control of the vehicle and, therefore, in violation of the law.
She cited a 1989 Nevada Supreme Court case in which, “the court found that a driver who was found asleep could still be in actual physical control of a vehicle.” Even if the person wasn’t trying to drive away, she said, the driver could have done so at any time.
Carrillo was first found asleep in a planter box a half block from the bar where he had been drinking. The patrol officer who found him said he woke Carrillo up and was told the assemblyman had a ride coming. That same officer found him a few minutes later in his sports car parked outside Jimmie G’s, again asleep and this time with his hand on the gearshift.
The deputy who arrested him said they were at the scene for nearly an hour and no one showed up to give Carrillo a ride.
He was charged with DUI and, when searched, had a .22-caliber pistol in his pocket — also illegal when intoxicated.
He was convicted by Tatro after a half day trial in July and ordered to perform 42 hours community service, pay fines totaling $800 and not be in possession of any firearms for at least a year.