38-year-old Elias Silva probably shouldn't have needed to take a nap in the backseat of his Honda while his pal was still out partying. But it's also not illegal. At least it's not Driving While Intoxicated. It's more Napping In Car While Probably Intoxicated. That's different.
The New York Post reports that in a lawsuit Silva claims an NYC cop ordered him out of his car even though he was legally parked. The cop allegedly said he saw Silva "operating a motor vehicle immediately prior to the time of arrest" while intoxicated. Silva's suit says he never got in the driver's seat or put the keys in the ignition. The DWI charge was dropped last fall, but Silva is suing for $1 million. Anyone who's ever been woken up from a good nap knows how he feels, but a million bucks?
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