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Started By
Message
re: Yea or nay-DWI
Posted on 7/9/25 at 4:18 pm to 777Tiger
Posted on 7/9/25 at 4:18 pm to 777Tiger
quote:
very similar scenario to what's being batted around in this thread
I think the example in this thread is a hypothetical where someone drives to a bar sober, gets drunk, then gets in the car and falls asleep. The person never actually operated the vehicle under the influence. In you example, the guy was drunk already when driving to the ATM, unless he got drunk at the convenience store.
This post was edited on 7/9/25 at 4:19 pm
2
Posted on 7/9/25 at 4:20 pm to DestrehanTiger
quote:
In you example, the guy was drunk already when driving to the ATM
cop had no proof of that
quote:
unless he got drunk at the convenience store.
his argument, then he could only be charged with whatever the little sign says about no alcohol consumption on the premises
Posted on 7/9/25 at 4:20 pm to DestrehanTiger
but a police officer can't assume that the person just walked out the door climbed in their car and went to sleep.
It's just as easy to presume that they got drunk at a bar down the street, started driving home, pulled in a parking lot, and fell asleep, especially if the car is running.
And these days with Uber and the like, It's so easy to get a ride home and not even worry about it or maybe take an uber to the bar if every fricking week you're having to start a thread about how drunk driving enforcement is so unfair
It's just as easy to presume that they got drunk at a bar down the street, started driving home, pulled in a parking lot, and fell asleep, especially if the car is running.
And these days with Uber and the like, It's so easy to get a ride home and not even worry about it or maybe take an uber to the bar if every fricking week you're having to start a thread about how drunk driving enforcement is so unfair
Posted on 7/9/25 at 4:21 pm to OWLFAN86
You’ve got a much bigger problem. A very fricked up obsession with posting on the internet
Posted on 7/9/25 at 4:22 pm to Lake08
I'm sorry did my post interrupt your private conversation In your private home
Posted on 7/9/25 at 5:54 pm to VernonPLSUfan
Vernon which bar did you own and was it in VP?
Posted on 7/9/25 at 8:22 pm to Lake08
quote:
Decides to get in his car to sleep it off. No driving involved, but his keys are in his pocket. Cop pulls up. DWI or not? In Texas it is.
This is called Actual Physical Control and can lead to a conviction for a DUI depending upon the state.
Posted on 7/9/25 at 8:25 pm to Lake08
If you gonna sleep in your car just hide the keys in a bush nearby. Take a picture with phone so you dont lose em. No keys. No dwi
Posted on 7/9/25 at 9:32 pm to Lake08
I wouldn’t want to be in that position, even in a private lot.
Posted on 7/9/25 at 10:32 pm to forkedintheroad
quote:
What if your buddy is driving you home in your vehicle? He's sober but you're drunk and inside your own vehicle. That's a DWI?
According to these geniuses you also can’t get a dwi if you drive another person’s car while drunk, since it’s not your own.
Posted on 7/9/25 at 10:36 pm to OWLFAN86
quote:
but a police officer can't assume that the person just walked out the door climbed in their car and went to sleep. It's just as easy to presume that they got drunk at a bar down the street, started driving home, pulled in a parking lot, and fell asleep, especially if the car is running.
Good to see that whole guilty until proven innocent thing is alive and well.
Cops are typically not highly intelligent people. Imagine being stupid enough to be advocating for laws to be enforced based on what cops assume and presume.
This post was edited on 7/9/25 at 10:37 pm
Posted on 7/9/25 at 10:40 pm to Open Your Eyes
But I said they can't assume so they have to investigate
And why would a cop, upon investigating, believe that a drunk person could not just as if easily driven to the parking lot so they investigate
And if the car is running or there is further evidence of violation they detain/arrest
arresting is not a conviction
And why would a cop, upon investigating, believe that a drunk person could not just as if easily driven to the parking lot so they investigate
And if the car is running or there is further evidence of violation they detain/arrest
arresting is not a conviction
Posted on 7/9/25 at 10:52 pm to OWLFAN86
quote:
But I said they can't assume so they have to investigate
I know what you said. It’s one of many stupid statements.
quote:
And why would a cop, upon investigating, believe that a drunk person could not just as if easily driven to the parking lot so they investigate
Why would a cop believe that you could not just as easily have sped on the way to wherever you ended up driving?
Why would a cop believe that you could not just as easily have dealt weed to the kid smoking on the other side of the parking lot from you?
Why would a cop believe that you could not just as easily have raped a woman that happened to be with a 100 ft radius of you?
Cops are notorious for abusing their power, and you’re in here arguing to make it even easier for them to do so.
quote:
And if the car is running or there is further evidence of violation they detain/arrest
No, it isn’t. There are a multitude of reasons a car could be running without being driven.
Do you own a gun? Should cops be able to arrest you every time a shooting happens in Houston? Because according to you, they should.
quote:
arresting is not a conviction
Probable cause is required for arrest. A car running without being someone in the back or passenger seat is not probable cause. At least not to intelligent people.
This post was edited on 7/9/25 at 10:54 pm
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