Do you remember the recent case of Sarafin v. Commonwealth?  Do you remember that this case was the latest example of our dear courts finding someone guilty of driving while intoxicated while merely sitting in his car with the radio turned on and the key in the auxiliary position?  Do you remember how I gave the defendant no chance at success given the latest appellate court decisions on the subject?  Well, Mr. Sarafin appealed . . . and he almost won.  But, ultimately, he lost and little has changed since we last went over this topic. Continue reading →