Elements Of Driving While Intoxicated (DWI)

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You have asked me to determine if the elements of Driving While Intoxicated (DWI) can be proven against Nick Spears. Nick Spears has conceded that he was intoxicated on the night that this act takes place. On the night in question, September 21, 2014, Joyce Tapken, the owner of the residence, took Spears keys away from him in an effort to prevent Spears from driving home. To make sure that Spears did not leave the residence, Tapken even hid his keys. As a result, Spears located a golf cart parked on the street in front of Tapken’s residence. The golf-cart has keys in it and Spears climbed inside the golf cart, buckled his seat belt, and turned the engine to start the golf-cart. After starting the engine, Spears released the parking break

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