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re: DUI while parked and ignition off - it's possible and retarded
Posted on 5/7/16 at 5:47 pm to TigerFanInSouthland
Posted on 5/7/16 at 5:47 pm to TigerFanInSouthland
So you hit something while driving drunk and they tracked it back to you that night, right?
0
Posted on 5/7/16 at 5:58 pm to theunknownknight
quote:
You know nothing of the Christian Right. They can appreciate a good brewski.
not really. the christian right like to tell everyone else what to do like a bunch of puritans.
Posted on 5/7/16 at 6:02 pm to VOLhalla
quote:
Yeah, if you give your car keys to someone you reasonably should know is drunk and they get pulled over you get a dui too. Governments know how to get money.
Those rarely ever stick and are as easy as pie to defend.
Posted on 5/7/16 at 6:04 pm to TigerintheNO
quote:
Steve McNair gets hit with a DUI charge since he owned the car.
that didn't happen. you don't get a DUI because you own a vehicle and not driving.
Posted on 5/7/16 at 6:07 pm to theunknownknight
quote:
What happened to the constitution? To America? The hippies are winning.
You think hippies support that kind of law? That's a fascist pig kind of law bro.
Hippies would want a law to prevent you from calling them names.
If we put all the hippies and fascist pigs on a boat and sunk it at sea, we'd probably get the country on the right track.
Posted on 5/7/16 at 6:08 pm to nc14
quote:
I would have a field day with that interpretation.
All it takes is a judge who hates drunk drivers or fears MADD publicity.
Posted on 5/7/16 at 6:40 pm to biglego
Drivers, that is key to the case. No one can prove driver in what I have read here. Not even a corrupt judge could uphold a trumped up charge. Any lawyer that could not have these charges dismissed should be disbarred.
Posted on 5/7/16 at 6:48 pm to nc14
quote:
Drivers, that is key to the case. No one can prove driver in what I have read here. Not even a corrupt judge could uphold a trumped up charge. Any lawyer that could not have these charges dismissed should be disbarred.
I might be mistaken but I think many places have a law on the books stating that you only have to be in possession of keys or in the front seat (or varying combinations). I don't agree with it all, but, if it's in fact actual law, I'm not sure how that could be considered trumped up charges.
Posted on 5/7/16 at 7:00 pm to nc14
quote:
Drivers, that is key to the case. No one can prove driver in what I have read here. Not even a corrupt judge could uphold a trumped up charge. Any lawyer that could not have these charges dismissed should be disbarred.
Well that's an absurd thing to say. I've never handled a DUI case like this but it's easy to see how a judge might convict. Most cases like this involve a passed out occupant in the driver seat. Often passed out in the roadway, on the shoulder, or in a parking lot. Engine may or may not be running. The State can prove by circumstance all evidence that it's highly unlikely the defendant parked before drinking or whatever.
See State v Sims (426 So.2d 148) for a typical case like this.
Posted on 5/7/16 at 7:01 pm to northshorebamaman
Easily dismissed charge and even more easily overturned law. My car is in my driveway, my keys are in my house. Just how far are these supposed laws intended to extend. If they cannot prove operation under the influence then there can be no charge. Does gun ownership and possession lead to murder charge. F no.
Posted on 5/7/16 at 7:04 pm to biglego
You are introducing a totally different set of circumstances, but certainly open to challenge. Passed our at a red light or in a drive through are not what has been discussed here
Posted on 5/7/16 at 7:17 pm to theunknownknight
My friend got one in college. Of course he was stopped at a red light in the middle of the night when he put his car in park, turned it off and passed out. Cops found him several hours later still shite faced and gave him a DUI.
Posted on 5/7/16 at 7:19 pm to nc14
quote:
Drivers, that is key to the case. No one can prove driver in what I have read here.
I have no idea what you are trying to say.
Posted on 5/7/16 at 7:25 pm to lsuwontonwrap
quote:
a married man
Your bitch makes you drink outside?
Grow a pair.
Posted on 5/7/16 at 7:29 pm to shinerfan
quote:
Get a real lawyer and you'll beat that all day.
Posted on 5/7/16 at 7:33 pm to 12Pence
Not surprised. You are in good company. Drink on, enjoy jail.
Posted on 5/7/16 at 8:02 pm to theunknownknight
quote:MADD
What happened to the constitution? To America?
Posted on 5/7/16 at 8:06 pm to NOFOX
quote:Being on the road makes sense. It's complete bullshite if you are passed out in a parking lot or driveway and get a DUI. What if you realize you got carried away drinking and need to hang out for awhile before you can drive or are waiting for a ride?
My friend got one in college. Of course he was stopped at a red light in the middle of the night when he put his car in park, turned it off and passed out. Cops found him several hours later still shite faced and gave him a DUI.
Posted on 5/7/16 at 8:11 pm to nc14
quote:
Not surprised. You are in good company. Drink on, enjoy jail.
Why don't you try writing full, coherent sentences?
quote:
Drivers, that is key to the case. No one can prove driver in what I have read here.
quote:
Passed our at a red light or in a drive through are not what has been discussed here
ETA: Also, "drivers" is not key to the case. A defendant who is found to be operating the motor vehicle is key to the case.
This post was edited on 5/7/16 at 8:15 pm
Posted on 5/7/16 at 8:16 pm to theunknownknight
FYI
Arkansas, Connecticut, Delaware, Mississippi, Missouri, Virginia, and West Virginia allow passengers to drink while the vehicle is in motion. Only the state of Mississippi permits drivers to consume alcohol while driving. However, the driver must still stay below the 0.08% blood alcohol content limit for DUI.Oct 2, 2014
Open Container Laws by State | LegalMatch Law Library
Arkansas, Connecticut, Delaware, Mississippi, Missouri, Virginia, and West Virginia allow passengers to drink while the vehicle is in motion. Only the state of Mississippi permits drivers to consume alcohol while driving. However, the driver must still stay below the 0.08% blood alcohol content limit for DUI.Oct 2, 2014
Open Container Laws by State | LegalMatch Law Library
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