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'Wizard of Oz' Tin Man Actor in Full Makeup Arrested for Drunk Driving

By George Khoury, Esq. on June 08, 2017 | Last updated on March 21, 2019

While everyone knows the Tin Man from the 'Wizard of Oz' needed a heart, many will be surprised to learn that the Tin Man from Upstate New York needs a drunk driving lawyer. Unfortunately, information regarding the Tin Man's recent arrest is scant, so the upstate Tin Man may have already had a lawyer all along.

The actor that plays the iconic Tin Man character at the Yellow Brick Road Casino, in Chittenango, New York, Nicholas Sherman, 31, was arrested for DWI while still in full make-up. Fortunately, for those of us on the internet, we get to delight in his full makeup mugshot, and hopefully take away a couple valuable legal lessons.

Even Tin Men Get Arrested

What may be even more surprising to many is that Sherman was not even driving when he was arrested. However, as we learned from the recent arrest of Tiger Woods for driving under the influence of prescription drugs, you can get a DUI while asleep in a car that isn't even moving.

Police were called to another person's property with a complaint about Sherman. He was discovered on the property, and determined to be intoxicated, by police. He then admitted to police that he drove to the location. Police required a breathalyzer, and Sherman tested positive for alcohol at over double the legal limit.

Is My Admission of Drunk Driving Enough?

So if you just walk into a police station and try to admit to drunk driving last week, it might lead to some awkwardness, and depending on the officers on that given day, an arrest and criminal charges. The officers might think you're crazy and issue a 5150 hold on you. Although people do occasionally spontaneously and willingly admit crimes to the police, unless it's a serious matter, or the police were investigating the matter, what happens can vary drastically, and usually depends on an officer's discretion.

Generally, there needs to be some connection between a voluntary admission and objective factual evidence. So for example, if you walked in to the station and just said: "I'm drunk and I just drove here." Then the police would likely arrest you as they can now verify you actually are drunk, and that you have car keys, or a parked car outside.

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