What I don't understand is how BUI can be a crime when that intoxication was not the cause of the accident. And when the "vehical" was not moving under mechanical power or even remotely at a fast pace.

If anything the intoxicated helm can be penalized (misdemeanour) for operating a "vehical" while being over the alcohol limit but not for causing the accident or being guilty for the accident.

Say I'm drunk and pushing my car on the driveway towards the garage and my neighbour hits my car with his at 60 mph and killing my wife who is in the car. How can my intoxication be regarded as guilt for manslaughter ? Would the situation be any different if I had been pushing the car while sober. Can my neightbour be reasonbly expected to occasionally hit my car and kill my wife at 60mph without breaking a score of other laws and regulations (like reckless driving) ?

Seems to me that they are trying to legally pin the crime on an otherwise innocent person simply because he was in violation of a practically unrelated misdeameaner. "over the limit" is NOT the same as being drunk. Operating a 4 knot sailboat in almost no wind is not the same as operating heavy machinary or vehicals travelling faster then 35 mph. It is not like a 4kn leadmine requires sharp reflexes for succesful and safe operation.

Another example, say I run down a drunken homeless person who is walking on the sidewalk pulling or pushing some old a bicycle with bags and containers. Can I then claim innocence of reckless driving (=driving on the sidewalk) simply because this homeless person was operating a vehical while drunk ?

Can I still ride my bicycle when I'm over the alcohol limit but not actually drunk. A bicycle is alot faster then a 4 mph leadmine.

Indeed, it is mind blowing that the courts have entertained this trial for so long.

Wouter