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Started By
Message
re: Could I have gotten a DUI?
Posted on 6/9/17 at 1:00 pm to ksayetiger
Posted on 6/9/17 at 1:00 pm to ksayetiger
Wrong
0
Posted on 6/9/17 at 1:01 pm to TigerBait2008
Louisiana RS 14:98
3. DRIVING OFFENSES
§98. Operating a vehicle while intoxicated
A.(1) The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:
(a) The operator is under the influence of alcoholic beverages.
(b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.
(c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.
(d)(i) The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
(ii) It shall be an affirmative defense to any charge under this Subparagraph that the label on the container of the prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol.
(e)(i) The operator is under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
(ii) It shall be an affirmative defense to any charge under this Subparagraph that the operator did not knowingly consume quantities of the drug or drugs that substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.
(2) A valid driver's license shall not be an element of the offense, and the lack thereof shall not be a defense to a prosecution for operating a vehicle while intoxicated.
B.(1) This Subsection shall be cited as the "Child Endangerment Law".
(2) When the state proves, in addition to the elements of the crime as set forth in Subsection A of this Section, that a minor child twelve years of age or younger was a passenger in the motor vehicle, aircraft, watercraft, vessel, or other means of motorized conveyance at the time of the commission of the offense:
(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph, the execution of the minimum mandatory sentence provided by R.S. 14:98.1 or 98.2, as appropriate, shall not be suspended.
(b) Notwithstanding any provision of law to the contrary, if imprisonment is imposed pursuant to the provisions of R.S. 14:98.3, the execution of the minimum mandatory sentence shall not be suspended.
(c) Notwithstanding any provision of law to the contrary, if imprisonment is imposed pursuant to the provisions of R.S. 14:98.4, the execution of the minimum mandatory sentence shall not be suspended.
C.(1) For purposes of determining whether a defendant has a prior conviction for a violation of this Section, a conviction under any of the following shall constitute a prior conviction:
(a) R.S. 14:32.1, vehicular homicide.
(b) R.S. 14:32.8, third degree feticide.
(c) R.S. 14:39.1, vehicular negligent injuring.
(d) R.S. 14:39.2, first degree vehicular negligent injuring.
(e) A law of any state or an ordinance of a municipality, town, or similar political subdivision of another state that prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance.
(2) The determination under this Subsection shall be made by the court as a matter of law.
(3) For purposes of this Section, a prior conviction shall not include a conviction for an offense under this Section, a conviction for an offense under R.S. 14:39.1, or a conviction under the laws of any state or an ordinance of a municipality, town, or similar political subdivision of another state which prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance if committed more than ten years prior to the commission of the crime for which the defendant is being tried, and such conviction shall not be considered in the assessment of penalties in this Section. However, periods of time during which the offender was awaiting trial, under an order of attachment for failure to appear, or on probation or parole for an offense described in this Paragraph, or periods of time during which an offender was incarcerated in a penal institution in this or any other state for any offense, including an offense described in Paragraph (1) of this Subsection, shall be excluded in computing the ten-year period.
100% Yes, DUI and Child Endangerment. The law does not distinguish between public or private property.
3. DRIVING OFFENSES
§98. Operating a vehicle while intoxicated
A.(1) The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:
(a) The operator is under the influence of alcoholic beverages.
(b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.
(c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.
(d)(i) The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
(ii) It shall be an affirmative defense to any charge under this Subparagraph that the label on the container of the prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol.
(e)(i) The operator is under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
(ii) It shall be an affirmative defense to any charge under this Subparagraph that the operator did not knowingly consume quantities of the drug or drugs that substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.
(2) A valid driver's license shall not be an element of the offense, and the lack thereof shall not be a defense to a prosecution for operating a vehicle while intoxicated.
B.(1) This Subsection shall be cited as the "Child Endangerment Law".
(2) When the state proves, in addition to the elements of the crime as set forth in Subsection A of this Section, that a minor child twelve years of age or younger was a passenger in the motor vehicle, aircraft, watercraft, vessel, or other means of motorized conveyance at the time of the commission of the offense:
(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph, the execution of the minimum mandatory sentence provided by R.S. 14:98.1 or 98.2, as appropriate, shall not be suspended.
(b) Notwithstanding any provision of law to the contrary, if imprisonment is imposed pursuant to the provisions of R.S. 14:98.3, the execution of the minimum mandatory sentence shall not be suspended.
(c) Notwithstanding any provision of law to the contrary, if imprisonment is imposed pursuant to the provisions of R.S. 14:98.4, the execution of the minimum mandatory sentence shall not be suspended.
C.(1) For purposes of determining whether a defendant has a prior conviction for a violation of this Section, a conviction under any of the following shall constitute a prior conviction:
(a) R.S. 14:32.1, vehicular homicide.
(b) R.S. 14:32.8, third degree feticide.
(c) R.S. 14:39.1, vehicular negligent injuring.
(d) R.S. 14:39.2, first degree vehicular negligent injuring.
(e) A law of any state or an ordinance of a municipality, town, or similar political subdivision of another state that prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance.
(2) The determination under this Subsection shall be made by the court as a matter of law.
(3) For purposes of this Section, a prior conviction shall not include a conviction for an offense under this Section, a conviction for an offense under R.S. 14:39.1, or a conviction under the laws of any state or an ordinance of a municipality, town, or similar political subdivision of another state which prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance if committed more than ten years prior to the commission of the crime for which the defendant is being tried, and such conviction shall not be considered in the assessment of penalties in this Section. However, periods of time during which the offender was awaiting trial, under an order of attachment for failure to appear, or on probation or parole for an offense described in this Paragraph, or periods of time during which an offender was incarcerated in a penal institution in this or any other state for any offense, including an offense described in Paragraph (1) of this Subsection, shall be excluded in computing the ten-year period.
100% Yes, DUI and Child Endangerment. The law does not distinguish between public or private property.
This post was edited on 6/9/17 at 1:02 pm
Posted on 6/9/17 at 1:01 pm to Dont_Call_Me_RAY
quote:
What does the "D" stand for in DUI? If he did not drive to that location under the influence and never moved, how is a DWI? Just curious if that would stand up in court.
if it appears to the cop that you had driven the vehicle you can be charged with DUI
btw; I don't know what private property has to do with it, are you immune from being prosecuted for a crime committed on private property?
Posted on 6/9/17 at 1:02 pm to ksayetiger
quote:
If you never left your private property. Do whatever.
Operating a motor vehicle while drunk will get you a DUI, regardless if you're on private property or not. You could own acreage and be riding a 4 wheeler...you can still get a DUI.
quote:
If you start an old car in your driveway, can you get a ticket for no insuance/inspection/registration?
No. You aren't legally required to have a vehicle registered or insured unless it's driven on public roads.
Posted on 6/9/17 at 1:02 pm to CAD703X
If the cop really wanted to hammer you, he could pop you with a felony DWI with a child in the car. At least that's the law in Texas.
Posted on 6/9/17 at 1:07 pm to CAD703X
quote:
My 2yo was also climbing over the seats in nothing but a diaper
Trashy
Posted on 6/9/17 at 1:07 pm to TigerBait2008
quote:
Key in ignition, yep
any judge would look at the evidence and see you werent driving and throw it out. If i dorve buy i would have let your kid hop in and play with the siren and flashy lights. Posted on 6/9/17 at 1:09 pm to CarRamrod
quote:
any judge would look at the evidence and see you werent driving and throw it out.
probably, but just being charged with DUI causes almost as much damage as being convicted of it
Posted on 6/9/17 at 1:09 pm to CarRamrod
Well I can help if you're wrong and dumb
Posted on 6/9/17 at 1:12 pm to td1
quote:
Operating a vehicle while intoxicated
This is the key word. The state should define "operating" for the sake of ambiguity. Is operating just driving, or is it letting up windows, turning on stereo, etc.
Posted on 6/9/17 at 1:13 pm to ksayetiger
quote:
If you start an old car in your driveway, can you get a ticket for no insuance/inspection/registration?
My 90 year old neighbor smoked my truck backing out his driveway. First thing cop asked for was insurance/registration. I asked why, and he said if it hadn't been insured the old man wouldn't be liable. Doesn't make sense, because I have project/show truck in shop that's uninsured but worth more than my good truck.
Posted on 6/9/17 at 1:15 pm to Fatty Magoo
quote:
Ahh yes the old "cop can suck it" defense.
You should try that out some time, let us know how it works out for you.
My bro tried this timeless classic, ended up in the clink for a stint
Posted on 6/9/17 at 1:24 pm to CAD703X
No...private property. They can't search vehicle and a lot of other roadblocks. Could have said your wife drive up and left keys in ignition.
Probable cause? Not really. Radios can be operated on plenty of vehicles without keys in ignition.
Put it this way...could the cop? Yes. Would you be convicted? Never
Probable cause? Not really. Radios can be operated on plenty of vehicles without keys in ignition.
Put it this way...could the cop? Yes. Would you be convicted? Never
Posted on 6/9/17 at 1:27 pm to CAD703X
YOU CAN TAKE THE BOY OUT OF WEST MONROE, BUT YOU CAN'T TAKE WEST MONROE OUT OF THE BOY.
crap, sorry for yelling, but i'm not typing that over.
I think technically you could be charged, but i doubt that would stick. Still, good lawyer costs $; best to not risk it. You were not operating the vehicle on the public roads, but who knows what the statutes says in whatever hillbilly jurisdiction you currently occupy.
crap, sorry for yelling, but i'm not typing that over.
I think technically you could be charged, but i doubt that would stick. Still, good lawyer costs $; best to not risk it. You were not operating the vehicle on the public roads, but who knows what the statutes says in whatever hillbilly jurisdiction you currently occupy.
Posted on 6/9/17 at 1:32 pm to hesterhamma
quote:
First thing cop asked for was insurance/registration. I asked why, and he said if it hadn't been insured the old man wouldn't be liable
No pay, no play law. Not sure it applies in that situation though.
Posted on 6/9/17 at 1:32 pm to Mung
quote:
YOU CAN TAKE THE BOY OUT OF WEST MONROE, BUT YOU CAN'T TAKE WEST MONROE OUT OF THE BOY.
wont make any comments about taking the boy out of baker and moving to bakersfield
Posted on 6/9/17 at 1:34 pm to GeeOH
Lol wrong
Posted on 6/9/17 at 1:36 pm to CAD703X
He'd be a dick, but yes you could have been charged and taken to jail. All the police has to say is he smelled it, bam your in jail and your name is in the paper.
Now being convicted, nah. But you'd still have to shell out money for a decent lawyer, pay court fines, prob take a madd class, do community service. And depending on where you live, pass 3 drug tests that you have to pay for.
Now being convicted, nah. But you'd still have to shell out money for a decent lawyer, pay court fines, prob take a madd class, do community service. And depending on where you live, pass 3 drug tests that you have to pay for.
Posted on 6/9/17 at 1:36 pm to CAD703X
quote:
CAD703X
Possibly?
I can make the argument for and against it. Having the keys in the ignition, regardless if it was cranked or not, puts you in physical control of the vehicle.
quote:
It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle
However, in Tennessee at least:
quote:
on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large
Your driveway isn't a public road, correct? That's where you'd look to make your argument.
Posted on 6/9/17 at 1:38 pm to 12Pence
quote:
Your driveway isn't a public road, correct? That's where you'd look to make your argument.
Yeah in court, that argument to the officer means nothing.
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