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re: DUI while parked and ignition off - it's possible and retarded
Posted on 5/7/16 at 8:17 pm to nc14
Posted on 5/7/16 at 8:17 pm to nc14
Oh ok I see. I actually forgot what was in the OP. 
Yeah, parked in your own driveway should def be an acquittal but you know how it is. Just depends on the circumstances and the judge. If there's no empty beer cans and the engine is warm, and esp if there was a tip to police, then a judge might convict. But absent all those things it should be acquitted.
Yeah, parked in your own driveway should def be an acquittal but you know how it is. Just depends on the circumstances and the judge. If there's no empty beer cans and the engine is warm, and esp if there was a tip to police, then a judge might convict. But absent all those things it should be acquitted.
0
Posted on 5/7/16 at 8:19 pm to theunknownknight
quote:
DUI while parked and ignition off - it's possible and retarded
Been there, done that.
Didn't know it was possible, but it is.
Posted on 5/7/16 at 8:20 pm to chity
quote:
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
A passenger is allowed to have an open container in Tennessee as well.
Posted on 5/7/16 at 8:26 pm to theunknownknight
quote:Had a guy in a DUI class get arrested for that. It was in the city and most houses only is 1/4 of an acre or so, and many people park cars on the side of the road ( I guess). Well he said he was parked on the side of the road, actually next to the road in the grass in the yard, but had the keys in the ignition listening to music and drinking. He got caught and arrested, but the "loop hole" was that if the keys weren't in the ignition then it wouldn't be DUI, but probably some other gay citation.
So, theoretically, a person can get a DUI parked in front of their own house having a brewski. How dumb is that?
He was acting like if you were within 10 or so ft (just an example) from the street, then you can't be in your car drinking. I guess it is too easy to say you are just sitting there, when in fact you just got home from driving drunk. Our state is backwards like that, so I never questioned him and assumed it was true.
Posted on 5/7/16 at 8:28 pm to theunknownknight
quote:
What if you live in your car or in your own driveway just wanting to chill?
This guy tried this in court
Posted on 5/7/16 at 8:53 pm to theunknownknight
I call bullshite. I'm a prosecutor, and I see DWIs every day. No one would get convicted for that shite. The only way to get convicted if there isn't a witness who can put you behind the wheel while the car is in motion is if a cop comes up on a one car accident and you're still in a running vehicle.
Helpful hint, never do field sobriety testing. Be as polite as you can while saying as few words as possible. If you drive drunk and wreck or just pull over, crawl in the back seat and get the keys out of the ignition.
Also your driveway is not a public vehicular area, so they can't even arrest you for sitting in a running car drunk.
Helpful hint, never do field sobriety testing. Be as polite as you can while saying as few words as possible. If you drive drunk and wreck or just pull over, crawl in the back seat and get the keys out of the ignition.
Also your driveway is not a public vehicular area, so they can't even arrest you for sitting in a running car drunk.
Posted on 5/7/16 at 9:40 pm to theunknownknight
If you are drunk and have the keys the the cab with you, it's a dui even if sleeping. The key (no pun intended) is to put the keys in the wheel well or gas lid, then sleep. No one can jam you up then
Posted on 5/7/16 at 9:43 pm to Kcoyote
quote:
Just drink inside man
Theoretically you can get a DUI for drinking inside with your windows open.
DUI has become an aLloyd encompassing, draconian law. Like probable cause.
Posted on 5/7/16 at 10:03 pm to PurpleandGold Motown
quote:
Theoretically you can get a DUI for drinking inside with your windows open.
Wut?
Posted on 5/7/16 at 10:10 pm to Porcine Human
quote:
riend got a DUI sleeping in the driver's seat after a night out. He got screwed trying to make a good decision and not drive.
So he was asleep in the parking lot of the place he was drinking? Or he tried to make it home and realized he was passing out. There's a difference with regard to how good his decision was.
This post was edited on 5/7/16 at 10:14 pm
Posted on 5/7/16 at 10:12 pm to brgfather129
Can you get lone star tall boys in Louisiana?
Posted on 5/7/16 at 10:15 pm to PurpleandGold Motown
Cops don't need probable cause to make you take a test.
Posted on 5/7/16 at 11:31 pm to 12Pence
Driver and operating are not introduced here. Otherwise a slam dunk case. How about you read the thread Matlock and get back to me. Going to trial, not negotiable, you lose.
Posted on 5/7/16 at 11:33 pm to SabiDojo
Alexander Shunnarah
Posted on 5/7/16 at 11:34 pm to Titus Pullo
So much stupidity in one thread. TD, Louisiana, who knew?
Posted on 5/7/16 at 11:34 pm to Paul Allen
He got me off after I was pulled over for running my exgf off the road while I was drunk in my suped up Civic
Posted on 5/7/16 at 11:37 pm to SabiDojo
quote:
He got me off
Whoa Counsel, slow down my boi...
Posted on 5/7/16 at 11:55 pm to HoldenOversoul
quote:
No one would get convicted for that shite
I think most everyone on this board knows the value of a hired attorney versus a public pretender but there are lots of low income people who would follow the advice of their free counsel and plead to this. And most prosecutors won't drop it until the defendant lawyers up.
Posted on 5/8/16 at 12:10 am to Artie Rome
They can't force you to take a test. They may get frustrated enough to get a warrant for a blood draw, but they can't force you to blow or do the field sobriety tests.
DUI is the only criminal charge I can think of where folks think they are required to provide the evidence to convict them. Don't do that. You wouldn't confess to a murder just because a cop asked in an authoritative manner.
DUI is the only criminal charge I can think of where folks think they are required to provide the evidence to convict them. Don't do that. You wouldn't confess to a murder just because a cop asked in an authoritative manner.
Posted on 5/8/16 at 12:32 am to SabiDojo
I hope you self reported. Because I have to report you now.
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