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[#1]
Quoted:
If he has access to the keys, he is in control of the car. His best bet would have been to hand over the keys to someone else, then sleep it off. View Quote View All Quotes View All Quotes Quoted:
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If the car was not on he would have been fine probably. However, I would take this one to court a good lawyer could help probably If he has access to the keys, he is in control of the car. His best bet would have been to hand over the keys to someone else, then sleep it off. My keys are on the counter by the door. I have access to them. I guess I can't drink. |
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[#2]
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[#3]
Quoted:
If he has access to the keys, he is in control of the car. His best bet would have been to hand over the keys to someone else, then sleep it off. View Quote View All Quotes View All Quotes Quoted:
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If the car was not on he would have been fine probably. However, I would take this one to court a good lawyer could help probably If he has access to the keys, he is in control of the car. His best bet would have been to hand over the keys to someone else, then sleep it off. that makes no sense.. what if hes asleep on the hood but has the keys in his pocket? what if hes in a tent beside it? IIRC it all stems from the vehicle being running. which is still bullshit. I can see a guy KNOWING he is drunk, but deciding to not drive the vehicle, and to sleep it off. drunk driving charges should 100% be based on the vehicle moving.... or at least, you sitting in the drivers seat with engine running. |
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[#4]
Quoted: Which is why he was more likely charged with APC. View Quote View All Quotes View All Quotes Quoted: Quoted: With a good attny he can probably get out of it. The D in DUI stands for "driving." Which is why he was more likely charged with APC. |
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[#5]
Not knocking or judging either party involved, because I wasn't there and don't know state specific laws there.
That said, some cops don't do the "letter of the law" vs the "spirit of the law" very well. |
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[#6]
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I have always heard (not saying this is correct) As long as the car is not on all is well and you cannot get charged for dui (car wont drive if it's not on). I guess it, like anything, depends on the officer. View Quote View All Quotes View All Quotes Quoted:
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If the car was not on he would have been fine probably. However, I would take this one to court a good lawyer could help probably If he has access to the keys, he is in control of the car. His best bet would have been to hand over the keys to someone else, then sleep it off. I have always heard (not saying this is correct) As long as the car is not on all is well and you cannot get charged for dui (car wont drive if it's not on). I guess it, like anything, depends on the officer. Some people here will parrot that happily. As if turning a key is somehow harder than pulling a gear lever. |
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[#7]
Back in the college days I had a friend who got arrested for DUI was passed out in the drivers seat and did not even have the car keys in the car.
GOTZ to make the MADD newsletter, bro. |
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[#8]
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.085 shouldn't even be illegal. Blame MADD for nonsensical limits. View Quote View All Quotes View All Quotes Quoted:
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I'll one up you. I know two guys who went to WV for a fishing trip. Needed some more beer, and other supplies. Vehicle Owner: I'm good, but I'm probably over the legal limit. Are you good? Second Guy: Yep, I'm good. They go into the nearest town, guy gets pulled over during a town speed limit change. Breathalyzer. Second guy? DUI. 0.085 Vehicle owner? Arrested for "permitting a DUI". He goes to jail too. law .085 shouldn't even be illegal. Blame MADD for nonsensical limits. can't even have a bottle of wine with your wife at dinner anymore |
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[#9]
Quoted: Guy I know went to some kind of festival/party in Indiana with some friends. They took his vehicle because he has an SUV but another guy agreed to be DD. My friend couldn't find the other guys so he climbed in the cargo area, remote started it and went to sleep. He sleeps in the back regularly when hunting so he thought no big deal. About 5 am a cop wakes him up beating on the glass. Friend explains that he wasn't driving and that the vehicle hadn't moved in 12 hours but the cop gives him a breathalyzer anyway. He blows a .086 and the cop takes him to jail. View Quote |
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[#11]
Cops need to realize that if they want the support of law abiding people, bullshit like this needs to stop!! WTF
It's shit like this that makes the average person stop coming to their defense. |
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[#12]
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[#13]
There are cops that love popping people for DUI's. They all have different motivation. For some it is money earned from going to court on overtime. Others do it because a drunk driver killed or hurt someone they know. Others do it because it's the law. Some do it because it's dangerous to other people.
Then we have the very special group that does it for fame. The love all the awards they get from MADD and other groups. It may also help them look good when it comes to promotions. Fuck these guys! These are the guys who charge people like your friend. I would not and have not ever charged anyone in that type of situation. Now, the drunk, naked,, 20 year old, fully shaved, chick who passed out in someone else's driveway? Yeah, she got charged. That is one of there very few encounters that I have ever had with a naked girl on the job that I want to remember. Best part about it was another officer who was on the call was retelling the story and someone asked if the curtains matched the drapes. He said nope, it was linoleum. |
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[#15]
Happened to a guy I used to know in FL. Its wasnt even running
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[#16]
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[#17]
Quoted: You have know idea who I am <COC>. So don't start with your JBT and Comrade bullshit with me. Ed View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: Yeah, you'd have to be one SERIOUSLY lowlife officer to give someone a dui over that. What a fucking jbt. That's the kind of officer that won't have any problem going door to door for our guns also. And I wouldn't dream of coming to get your guns. I can't stand the smell of rancid pussy. Ed Excellent work, comrade. So don't start with your JBT and Comrade bullshit with me. Ed |
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[#18]
Quoted:
that makes no sense.. what if hes asleep on the hood but has the keys in his pocket? what if hes in a tent beside it? IIRC it all stems from the vehicle being running. which is still bullshit. I can see a guy KNOWING he is drunk, but deciding to not drive the vehicle, and to sleep it off. drunk driving charges should 100% be based on the vehicle moving.... or at least, you sitting in the drivers seat with engine running. View Quote View All Quotes View All Quotes Quoted:
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If the car was not on he would have been fine probably. However, I would take this one to court a good lawyer could help probably If he has access to the keys, he is in control of the car. His best bet would have been to hand over the keys to someone else, then sleep it off. that makes no sense.. what if hes asleep on the hood but has the keys in his pocket? what if hes in a tent beside it? IIRC it all stems from the vehicle being running. which is still bullshit. I can see a guy KNOWING he is drunk, but deciding to not drive the vehicle, and to sleep it off. drunk driving charges should 100% be based on the vehicle moving.... or at least, you sitting in the drivers seat with engine running. Agree^ what if he's in a tent beside it? what if you are camping and drinking around the tent/campfire, over the limit, just BSing with friends, keys in your pocket but not driving, DWI, $$$$, |
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[#19]
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Cops need to realize that if they want the support of law abiding people, bullshit like this needs to stop!! WTF It's shit like this that makes the average person stop coming to their defense. Exactly. This may come a s a surprise to you, but drunk driving arrest are some of the most popular out there with the general public. Only drunks like other drunks. |
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[#20]
Quoted: This may come a s a surprise to you, but drunk driving arrest are some of the most popular out there with the general public. Only drunks like other drunks. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Cops need to realize that if they want the support of law abiding people, bullshit like this needs to stop!! WTF It's shit like this that makes the average person stop coming to their defense. Exactly. This may come a s a surprise to you, but drunk driving arrest are some of the most popular out there with the general public. Only drunks like other drunks. Sure when people are driving and a "dangerous person was taken off the street" the public loves it. If all the bullshit charges such as "a guy arrested for sleeping in the cargo area of a SUV" started getting a bunch of the press the public would change its tune quickly. The fact that prohibition didn't last means that unfortunately for you most of the public enjoys a drink or two. Get a bunch of bullshit arrests some publicity and state legislators will start changing the laws to make exceptions or to clearly define what "in control of the vehicle means". Some states, like Kentucky, do not like when law enforcement gets aggressive and interferes with life by pushing the legal definition of the law just to make a bullshit arrest.
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[#21]
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This may come a s a surprise to you, but drunk driving arrest are some of the most popular out there with the general public. Only drunks like other drunks. View Quote Agree. The punishment for actually driving impaired should be harder than it is now. This case is BS. Plus you have to wonder if he was at risk for carbon monoxide poisoning. Where were his "friends?" |
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[#22]
Growing up I told repeatedly if in this situation make sure the keys are never in the ignition ideally in the opposite floor board. Know off several times friends did just that and didnt get a DUI. Had one buddy who even did it at a local restaurant after he closed it down drinking margaritas and the cops who stopped thanked him for "being smart".
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[#23]
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If the car was not on he would have been fine probably. However, I would take this one to court a good lawyer could help probably If he has access to the keys, he is in control of the car. His best bet would have been to hand over the keys to someone else, then sleep it off. Don't try to justify stupid laws. |
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[#24]
Quoted: This may come a s a surprise to you, but drunk driving arrest are some of the most popular out there with the general public. Only drunks like other drunks. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Cops need to realize that if they want the support of law abiding people, bullshit like this needs to stop!! WTF It's shit like this that makes the average person stop coming to their defense. Exactly. This may come a s a surprise to you, but drunk driving arrest are some of the most popular out there with the general public. Only drunks like other drunks. |
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[#25]
Quoted: Growing up I told repeatedly if in this situation make sure the keys are never in the ignition ideally in the opposite floor board. Know off several times friends did just that and didnt get a DUI. Had one buddy who even did it at a local restaurant after he closed it down drinking margaritas and the cops who stopped thanked him for "being smart". View Quote That's because our state doesn't have many heavy handed police departments that treat citizens like subjects. Not so in many other places. It is one of the reason that I like living in this state. In general the police out there to "protect and serve" meaning they are actually looking out for you. Sure if you do something stupid you will get ticketed or arrested. For example one evening on a 4 lane road in town I swerved around a vehicle that pulled out in front of me and then pulled into my driveway about 5 blocks down the road. A county sheriff pulled in behind me, normally they don't stop cars in the city unless you do something stupid. He informed me that he saw me swerve around the car, apparently he didn't see it pull out right in front of me, and was checking to make sure I wasn't drunk. He then informed me one of my brake lights were out. My boat trailer had a habit of shorting out and blowing my fuse. No tickets and it was a decent encounter by an officer "protecting the public" and also "serving the citizens". Back home in Illinois I would have received at least 2 tickets, not signalling the lane change and for the defective equipment. |
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[#26]
It happened to my Coworker
The cop told him put the keys in the back toolbox next time otherwise "you are operating the vehicle" |
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[#27]
The cops and politicians here in Lil Rhody don't take the chemical test. Never take the Breathalyzer. Stall tell them you want your attorney present for all testing. Automatic loss of license for 6 months but it kills the criminal case so you are only left with the civil case and no felony record.
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[#28]
Quoted: Washington State Law is: RCW 46.61.504 Physical control of vehicle under the influence. (1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state: –-----–------------------------------------------------------ This means anywhere within the state to include private property. Excludes Tribal and Federal lands. If you are standing outside your car, drunk and its not running or the key isn't in the ignition. Then no, you are not in 'physical control' of it. But if you leaning against it pissing while it warms up? Yeah. Not trying to be a hard ass about this. But the truth is, I've had people call friends to come get them. But there's a line people cross and you get tired of having to dig the guy riding the motorcycle out of the drunks windshield. Or turn his car back over so you can pull him out. Or all the ones that wait till the canal is filled before they drive into it. Yeah, I'd arrest a guy in the backseat. Because there is shit to stop him from getting into the front. Ed View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: Yeah, you'd have to be one SERIOUSLY lowlife officer to give someone a dui over that. What a fucking jbt. That's the kind of officer that won't have any problem going door to door for our guns also. And I wouldn't dream of coming to get your guns. I can't stand the smell of rancid pussy. Ed By that logic, you should throw people into jail for being drunk outside their car altogether. RCW 46.61.504 Physical control of vehicle under the influence. (1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state: –-----–------------------------------------------------------ This means anywhere within the state to include private property. Excludes Tribal and Federal lands. If you are standing outside your car, drunk and its not running or the key isn't in the ignition. Then no, you are not in 'physical control' of it. But if you leaning against it pissing while it warms up? Yeah. Not trying to be a hard ass about this. But the truth is, I've had people call friends to come get them. But there's a line people cross and you get tired of having to dig the guy riding the motorcycle out of the drunks windshield. Or turn his car back over so you can pull him out. Or all the ones that wait till the canal is filled before they drive into it. Yeah, I'd arrest a guy in the backseat. Because there is shit to stop him from getting into the front. Ed But DWI is the wrong charge in cases where he wasn't driving drunk or had obviously pulled over and climbed into the back to avoid a DWI. I certainly wouldn't convict for it as a jury member. A lesser charge of intoxicated in public, (being in most vehicles is the same as being in public) or some other appropriate charge that is sufficient to remove the sleeper from the vehicle would work. I don't know enough of what would be appropriate in each state. I also think the charges should be dropped once the person is no longer a danger. However, I don't expect that some officer should subject himself to being accused of any sort of false arrest or harrassment nonsense if that could come up by not charging DWI. |
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[#29]
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This may come as a surprise to you, especially if you cant grasp it, is that the "driving" part in "drunk driving" is actually the paramount component of that equation. Without that essential element, support would be much less "popular out there with the general public." As stupid as the "general public" seems to be, they can at least grasp that simple concept. View Quote View All Quotes View All Quotes Quoted:
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Cops need to realize that if they want the support of law abiding people, bullshit like this needs to stop!! WTF It's shit like this that makes the average person stop coming to their defense. Exactly. This may come a s a surprise to you, but drunk driving arrest are some of the most popular out there with the general public. Only drunks like other drunks. You have not a clue as to the actual elements of a DWI arrest it appears. Not a big surprise from GD. |
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[#30]
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You have know idea who I am asshole. So don't start with your JBT and Comrade bullshit with me. Ed View Quote View All Quotes View All Quotes Quoted:
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Yeah, you'd have to be one SERIOUSLY lowlife officer to give someone a dui over that. What a fucking jbt. That's the kind of officer that won't have any problem going door to door for our guns also. And I wouldn't dream of coming to get your guns. I can't stand the smell of rancid pussy. Ed Excellent work, comrade. So don't start with your JBT and Comrade bullshit with me. Ed #hero |
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[#31]
I had it happen to a friend a few years ago as well. He had too much to drink. Texted a buddy for a ride. He was downtown, after bar hours, and it was winter (freezing out). So he started the car to keep warm and got in the back to wait for his friend to get there. Officer nailed him for DUI even though he tried to show him the texts between him and friend. |
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[#33]
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[#34]
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I know you're a guy that can't be bothered to follow the COC. But there's no double standard. View Quote View All Quotes View All Quotes Quoted:
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Yeah, you'd have to be one SERIOUSLY lowlife officer to give someone a dui over that. What a fucking jbt. That's the kind of officer that won't have any problem going door to door for our guns also. And I wouldn't dream of coming to get your guns. I can't stand the smell of rancid pussy. Ed Excellent work, comrade. So don't start with your JBT and Comrade bullshit with me. Ed Dat Lifer privilege doe |
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[#35]
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SUV not running or too many witnesses? View Quote View All Quotes View All Quotes Quoted:
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Yeah that's a bullshit charge My Mom was on a jury trial for basically the same exact case. Amazingly a few weeks ago i went on an EMS call for an unresponsive man in the back of an SUV, cops showed up too. He was trying to sleep it off, and they let him be. It was off but keys were in the ignition. My opinion, pragmatic night shift cops that would rater be free if their buddy calls for help then busy driving someone to jail for a BS DUI charge. |
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[#36]
Am I the only person that won't even drive if I have had one beer? It's really not that hard.
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[#37]
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[#38]
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[#39]
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My friend was in socal and parked on the beach for a fire/party. He put his keys in a ziploc bag and buried them in the sand under his jeep and still got a DUI for sleeping in passenger seat. DUI for keys in ignition doesn't surprise me at all. View Quote Bullshit. 100% bullshit Doesn't meet the elements of the crime. Unless his drunk ass moved the car to a better parking stall then did what you say he did. |
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[#40]
Quoted: You have not a clue as to the actual elements of a DWI arrest it appears. Not a big surprise from GD. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: Quoted: Cops need to realize that if they want the support of law abiding people, bullshit like this needs to stop!! WTF It's shit like this that makes the average person stop coming to their defense. Exactly. This may come a s a surprise to you, but drunk driving arrest are some of the most popular out there with the general public. Only drunks like other drunks. You have not a clue as to the actual elements of a DWI arrest it appears. Not a big surprise from GD. |
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[#41]
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[#42]
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This may come a s a surprise to you, but drunk driving arrest are some of the most popular out there with the general public. Only drunks like other drunks. View Quote View All Quotes View All Quotes Quoted:
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Cops need to realize that if they want the support of law abiding people, bullshit like this needs to stop!! WTF It's shit like this that makes the average person stop coming to their defense. Exactly. This may come a s a surprise to you, but drunk driving arrest are some of the most popular out there with the general public. Only drunks like other drunks. That's right. People do like drunk driving arrests. The ones that where someone is actually "drunk" and they are actually "driving" The only ones that seem to be behind the APC and open container laws are people in power that are in a position to profit from them. But I think you already know that. |
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[#43]
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[#44]
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That's right. People do like drunk driving arrests. The ones that where someone is actually "drunk" and they are actually "driving" The only ones that seem to be behind the APC and open container laws are people in power that are in a position to profit from them. But I think you already know that. View Quote View All Quotes View All Quotes Quoted:
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Cops need to realize that if they want the support of law abiding people, bullshit like this needs to stop!! WTF It's shit like this that makes the average person stop coming to their defense. Exactly. This may come a s a surprise to you, but drunk driving arrest are some of the most popular out there with the general public. Only drunks like other drunks. That's right. People do like drunk driving arrests. The ones that where someone is actually "drunk" and they are actually "driving" The only ones that seem to be behind the APC and open container laws are people in power that are in a position to profit from them. But I think you already know that. I have a side job teaching elementary school math to people like you. Court cost to process a ticket is around $140. That's just the clerk doing a very simple task. That does NOT include anything else. The police, having a hearing, etc all cost money. None of your fee goes towards that cost. You have not paid yet. Don't believe me? Look up the budget for your local municipal court. It's all online and public record. |
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[#45]
I always thought that was a douche move, punishing someone for trying to do the right thing.
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[#46]
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[#47]
Same thought process that gets cities to ban overnight parking in the downtown areas where the bars are located.
Can't be cuttin into revenue now can we. I bet with DUI awareness, Uber, Lyft etc, they are really starting to see a pinch in the $$$$ stream from DUI busts. A lot of the people I grew up with have gotten DUIs. Most (IMO) deserved them. But there have been a few chickenshit ones like my friend who pulled his car out so his girlfriend could head home. Pulled his car out, she backed out of the driveway, he pulled back in. Cop in the parking lot across the street watched the whole thing, pulled up and lit him up after he pulled his car back in and was getting out. Blew a .08 on the nose, still hooked him and towed his car out of his own driveway to impound. I got threatened with one when I was ~22 and sitting in my truck in my parent's driveway listening to music. Somewhat related: The PD in a town I lived in was notorious for asking people to step outside when they responded to loud music/party calls to they could make drunk in public busts. They tried it on me once in my apartment, they started getting angry and more insistent that I wouldn't leave my doorway and "step outside to speak with them". Seriously thought they were going to go hands on with me but nothing came of it. And yes, I was really, really drunk. |
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[#48]
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This thread is about someone driving drunk? View Quote View All Quotes View All Quotes Quoted:
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Am I the only person that won't even drive if I have had one beer? It's really not that hard. In the grand scheme of things it is. |
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[#49]
Quoted: I had it happen to a friend a few years ago as well. He had too much to drink. Texted a buddy for a ride. He was downtown, after bar hours, and it was winter (freezing out). So he started the car to keep warm and got in the back to wait for his friend to get there. Officer nailed him for DUI even though he tried to show him the texts between him and friend. View Quote Um, point of order. The officer did not "nail him" for DUI. The officer accused him. It is the first step in the judicial process. Don't be a pushover. |
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[#50]
Quoted:
Years ago, a friend of mine got a DUI doing something similar, He had purchased a new car, and was absolutely enamored with it. His wife drove him home after a party, and he did a drunk move, he didn't want to go inside, he wanted to stay in his car, and listen to the radio. ...that was a mistake. View Quote Private property go away, unless he parked on the street |
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