Legally Weird - The FindLaw Legal Curiosities Blog

Man Crashed Car During Drunken Sex, Hides Behind Cactus

Move over driving while texting, a New Mexico man has brought car-multitasking to a new level by crashing his car while driving drunk and having sex with his female passenger.

The allegedly liquored-up lothario, 25-year-old Luis Briones, crashed his SUV on Monday night and attempted to flee from officers by hiding behind a cactus, reports The Associated Press.

Although his lady companion survived the crash, Briones may face major charges for his drunken sexcapade.

Aggravated DWI Not So Sexy

Briones is charged with an aggravated DUI/DWI due to the crash injuries sustained by his female companion as she was rocketed through the windshield.

In New Mexico, an intoxicated driver can be given the additional penalty of an aggravated DWI if either his blood alcohol concentration (BAC) is .16 or above or bodily injury is caused during the DWI.

In additional to any DWI penalties (revoked license, ignition interlock, etc.) this not-so-smooth operator will spend a minimum of 2 days in jail.

Evading Police Behind Cactus

Albuquerque law enforcement eventually apprehended Briones after he tried to unsuccessfully flee the scene in his car, later running and taking cover in the sun-warmed arms of a cactus, reports The Albuquerque Journal. Every state requires that drivers remain on the scene of an accident where injuries are involved, and in many cases Briones’ hit and kind of run may be considered a felony.

Is it Illegal to Boink While Driving?

Assuming for the moment that our Smirnoff-filled shtupper had not been drinking, Briones would have still been guilty of reckless driving.

If you’re boinking while driving, you’re unlikely to convince a jury that you weren’t showing a reckless or wanton disregard for the safety of others, you can definitely face reckless driving conviction.

Maybe sex is something that can wait until the parking brake is on. Just a thought.

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