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re: Could I have gotten a DUI?
Posted on 6/9/17 at 4:32 pm to shawnlsu
Posted on 6/9/17 at 4:32 pm to shawnlsu
quote:
Trashy. Probably from walker or brusly
probably
quote:
And fwiw, a good friend got a dui for walking out of a bar to take a call. Turned the car on for AC and Bluetooth and got popped.
well shite. that sucks. i have considered myself educated in this thread.
0
Posted on 6/9/17 at 4:45 pm to Crawdaddy
quote:
dui on your own property?
Yes. In my state dui and reckless driving are the only two tickets that can be issued on private property. Is it a weak case? Yes. Hard to observe your impaired driving when the car is not in motion. The catch is, you can be observed with your beverage from a public place in your drive way from your description. However, as has been said above a new or not smart cop could try it. Some of the best dui lawyers in my area are former cops. We would eat the new and/or over zealous cops for lunch.
Posted on 6/9/17 at 5:08 pm to CAD703X
Has Walt chimed in? He's the expert here.
Posted on 6/9/17 at 5:14 pm to GoHoGsGo06
quote:
Had a friend get dwi while mowing his yard on riding lawn mower.
Lake Arthur or Ruston? Those guys take the riding mower down to the store to buy e beer, so prolly got popped doing that.
Posted on 6/9/17 at 5:22 pm to CAD703X
No. You were not "driving", could not be proven that you were or about to. Keys in ignition proves absolutely nothing. Call me if you ever get a ticket for this.
Posted on 6/9/17 at 5:36 pm to CAD703X
I don't know about your 2 year old endangerment, but you can be arrested and charged with DUI/DWI if you are in possession of the keys. My best friend was passed out, laying across the bench seat of his truck at an apartment complex. No keys in the ignition, they were in his pocket. He was arrested and convicted of DWI because he was in control of a movable.
Posted on 6/9/17 at 7:22 pm to nc14
quote:
No. You were not "driving", could not be proven that you were or about to. Keys in ignition proves absolutely nothing. Call me if you ever get a ticket for this.
Wrong. Some states have physical control laws. You don't have to even have the keys in the ignition. You can be found guilty of DUI while in sitting inside the vehicle with the keys in your pocket.
Posted on 6/9/17 at 7:25 pm to TigerCoon
quote:
Bar parking lot is private property
Correct. But a parking lot such as a bar or restaurant are open to the public. LEO's have the right to be there if it's open to the public. Your home/driveway is a different story
Posted on 6/9/17 at 7:48 pm to CAD703X
In most states, yes. A lot of factors come into play though. Louisiana is weird. I'm not familiar with Louisiana law, for the most part.
Posted on 6/9/17 at 8:27 pm to xxGEAUXxx
No you can't. You might be charged with public intoxication but it wouldn't be DUI. The dumbest lawyer in the world could have that thrown out. Don't be stupid.
Posted on 6/9/17 at 8:35 pm to nc14
You're not getting it. It varies by state. Some states view a person inside a vehicle with possession of the keys as intent to control the vehicle. If you want to argue that it's bs then that's your opinion.
I pose a question to you. A car is pulled over on the interstate. Cop talks to the person parked and the person is drunk but isn't driving and the keys are in his pocket. Should he get a dui?
I pose a question to you. A car is pulled over on the interstate. Cop talks to the person parked and the person is drunk but isn't driving and the keys are in his pocket. Should he get a dui?
Posted on 6/9/17 at 9:13 pm to xxGEAUXxx
If a cop can see you acting in what they suspect is an unlawful manner, they can damn sure come on your property. You can absolutely be cited for DUI on private property, even your own property.
Cop would be a dick to do it. Might be thrown out, but read the law. There's no specific mention of public roadways, public accessibility, etc.
Cop would be a dick to do it. Might be thrown out, but read the law. There's no specific mention of public roadways, public accessibility, etc.
This post was edited on 6/9/17 at 9:22 pm
Posted on 6/9/17 at 9:31 pm to TigerCoon
I'm not reading through all of these pages, but has anyone mentioned "operation?" Because they need to prove operation.
Posted on 6/9/17 at 10:42 pm to hesterhamma
quote:
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.
No pay no play. Yes that would be a shitty result, but blame all the stupid fricks driving around without insurance.
Posted on 6/9/17 at 10:49 pm to nc14
You're a fricking moron...lol
Wannabe lawyer...Lulz
Wannabe lawyer...Lulz
This post was edited on 6/9/17 at 10:53 pm
Posted on 6/9/17 at 10:52 pm to CAD703X
Your own property, no! Why would a police officer attempt to give you a Dui in your driveway? Several years ago I got smashed and drove. Parked at red light threw the keys on the floor board and went to sleep. Cops wanted me to move my vehicle. I got out and told them the keys are on the floor board and they should move it. No dui given. Any cop that gives someone a dui in their driveway should be beaten.
Posted on 6/9/17 at 10:53 pm to saintsfan1977
You're a idiot too..it can absolutely be done
Posted on 6/9/17 at 10:57 pm to TigerBait2008
Lmao. If a cop drives on my property to give me a dui, I will laugh in his face. Any lawyer get can me out of that.
This post was edited on 6/9/17 at 11:00 pm
Posted on 6/10/17 at 7:39 am to xxGEAUXxx
You'd have a better chance with the circumstantial evidence that led to the car being on the interstate. DUI is driving charge, the state would have to have a charge other than DUI for a an individual to be cited for an act described in the OP.
Posted on 6/10/17 at 7:40 am to saintsfan1977
Oh now quit being so logical and obvious.
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