When New York State Troopers awoke M. Sieber--who had been sleeping in her vehicle--the lady informed the officers that she had consumed "three glasses of wine at two different locations," and had pulled over to sleep off the booze.
Arrested and charged with driving while intoxicated per se, and common law driving while intoxicated, Sieber asked the Woodbury Justice Court to prevent her statements from being used against her at her trial. And when the judge agreed--because prosecutors hadn't shown that she intended to operate the vehicle--an appeal ensued.
Since the Appellate Term, Second Department, thought there was a sufficient legal basis for the arrest--particularly in light of the lady's admissions and a because it was reasonable to infer that she had operated the vehicle while intoxicated--the Justice Court's order was reversed and the case sent back for further proceedings.
That means another round.
To view a copy of the Appellate Term's decision, please use the following link: People v. Sieber