Target of Mooning Avoids DUI Conviction
Everyone knows that drinking and driving don't mix. Alcohol impairs judgment and at times can cause a dramatic loss of inhibitions.
Stripping, flashing and mooning are all activities involving nudity that people are often more at ease with after drinking than before. Mooning, a quick, simple and public drop of the trousers to display a bare backside, is often considered harmless and playful. However, there have been cases in which mooning has become a serious offense in itself or the basis of an arrest for DUI.
In many cases, mooning is considered a sex crime and upon conviction the mooner finds themselves on the registered sex offender list. A person who moons can be charged with indecent exposure, which is categorized as a sex crime. If the moon is seen by children, the charges can be even more serious. In the case of a convicted sex offender, mooning can be a ticket to prison.
Most people would agree that the label of "sex offender" is harsh for someone who simply pulled a prank, even if it was distasteful. The concept of mooning is nothing new; however the harsh penalties are shocking to many. The fact is that in all but the most unusual cases, prosecutors do not push the indecent exposure charge and instead opt to charge offenders with a lesser charge that does not carry such stiff penalties.
In North Logan, Utah, as odd as it may sound, a mooner may have actually saved 22-year-old Nicholas Johnson from a DUI conviction last September, according to an Associated Press report.
Johnson was mooned by friends at a traffic stop. In response to their gag, he revved the engine of his truck. As a result of the engine revving, Johnson was pulled over by police. While he was pulled over, an officer smelled alcohol on Johnson's breath and arrested him for Utah DUI.
After his arrest, it was found that Johnson had 0.13 percent blood alcohol content (BAC). In Utah and all other states, the BAC legal limit for driving is 0.08 percent, so Johnson had exceeded the limit and legally had too much to drink before driving.
At Johnson's DUI trial, his Utah DUI lawyer argued that the police had no probable cause to pull him over. Johnson did not break the law by revving his engine and therefore there was no reason for the officers to stop him. Surprisingly enough, First District Judge Clint Judkins agreed and threw out the Utah DUI charge against Johnson, citing the Fourth Amendment of the U.S. Constitution that protects against unreasonable police searches.
Chalk one up for mooning! Johnson can both blame his friends for his drunken driving arrest and thank them for the dismissal of the Utah DUI charges.