Friend got a DUI sleeping in the back of his SUV... - Page 9

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Posted: 8/29/2016 2:17:05 PM EDT

[#1]

Next time chuck the keys into the bushes...

Posted: 8/29/2016 2:18:31 PM EDT

[#2]

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Like I said, people jump straight to emotion on this topic, and in your case, you decided to violate COC on top of it. Get over yourself.

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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.

I would have arrested the drunk and won the case just as I did plenty of others. Him being locked up will prevent him from crawling into the front seat to drive home, still drunk.

And I wouldn't dream of coming to get your guns. I can't stand the smell of rancid pussy.

Ed

Excellent work, comrade.

You have know idea who I am asshole.

So don't start with your JBT and Comrade bullshit with me.

Ed

Like I said, people jump straight to emotion on this topic, and in your case, you decided to violate COC on top of it. Get over yourself.

Damn, maybe he worked the night-shift and is drunk in the morning? Surely there is a reasonable explanation.

Posted: 8/29/2016 2:22:05 PM EDT

[#3]

Physical control DUIs in a legally parked and not running car are BS. Fortunately in my area the court will accept an affirmative defense that you realized you were too drunk to drive and parked it in the interest of public safety.

That said if it came to my attention I would still make the arrest for the following reasons:

1) It is not a Constitutional violation despite how stupid and illogical the law is, and

2) If it came to the attention of my superiors that I had PC for a DUI arrest, physical control or not, and did not make the arrest I would get beefed for failure to act/investigate/whatever. I'm not riding a 10 day suspension/firing/whatever for some dude I don't know who can't call a taxi. Sorry. I sincerely do wish you luck arguing the aforementioned affirmative defense.

A reasonable solution would be to allow the cops to throw drunks who weren't actually driving in the back seat, drive them home, and voucher their car keys for pick up at the precinct the next day.

But we can't do that because there was probably one time, somewhere, someone did that and the guy got a second key and went driving and killed a schoolbus full of nuns and a family of ducks crossing the road and that is somehow the police's fault for not predicting the future and they no doubt paid out millions of dollars in civil court and terrified administrators everywhere.

Posted: 8/29/2016 2:22:35 PM EDT

[#4]

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You were under 21 y/o..............

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Your friend is SOL, OP.

DUI laws all over this country are out of whack, because it's such an easy sell and such a great revenue collector.

When I was 20 years old, home from Iraq for less than a month, I went to see a friend's band play. I drank one beer, then we left. I got pulled over for a tail light out, friend passed out drunk in the back seat. "Smells like alcohol step out of the car". Blew a .01. No you are not misreading that, a .01 not 1.0, not .10, a fucking point zero one.

Arrested on the spot.

Lost my license for 5 years as a result of the following beauracratic fuck-ups, miscommunications, and down-right insanity of the various organizations (between Maryland where I live and Deleware where the event occurred). I had no drivers license from 21-26 years old. Imagine how much that sets back somebody's life.

You were under 21 y/o..............

Exactly, we need to extend the death penalty to get these dirty future drunk drivers before they kill someone!

Posted: 8/29/2016 2:22:46 PM EDT

[#5]

So here's my question...

What happens if you have two drunk people passed out in the back of the car? Both are in control of it at the same time? Or just one and you flip a coin?

Or what about if you have one sober driver actually driving the vehicle and the drunk guy passed out in the passenger seat? Is the drunk guy in control of the vehicle too, since the keys are in the ignition?

Just wondering how fucking retarded we are on this zero tolerance nonsense.

Posted: 8/29/2016 2:28:47 PM EDT

[#6]

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So here's my question...

What happens if you have two drunk people passed out in the back of the car? Both are in control of it at the same time? Or just one and you flip a coin?

Or what about if you have one sober driver actually driving the vehicle and the drunk guy passed out in the passenger seat? Is the drunk guy in control of the vehicle too, since the keys are in the ignition?

Just wondering how fucking retarded we are on this zero tolerance nonsense.

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It's PRE crimes! Get it?
The fact that your are capable of committing a crime you are guilty of committing a crime.

Posted: 8/29/2016 2:28:57 PM EDT

[#7]

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Physical control DUIs in a legally parked and not running car are BS. Fortunately in my area the court will accept an affirmative defense that you realized you were too drunk to drive and parked it in the interest of public safety.

That said if it came to my attention I would still make the arrest for the following reasons:

1) It is not a Constitutional violation despite how stupid and illogical the law is, and

2) If it came to the attention of my superiors that I had PC for a DUI arrest, physical control or not, and did not make the arrest I would get beefed for failure to act/investigate/whatever. I'm not riding a 10 day suspension/firing/whatever for some dude I don't know who can't call a taxi. Sorry. I sincerely do wish you luck arguing the aforementioned affirmative defense.

A reasonable solution would be to allow the cops to throw drunks who weren't actually driving in the back seat, drive them home, and voucher their car keys for pick up at the precinct the next day.

But we can't do that because there was probably one time, somewhere, someone did that and the guy got a second key and went driving and killed a schoolbus full of nuns and a family of ducks crossing the road and that is somehow the police's fault for not predicting the future and they no doubt paid out millions of dollars in civil court and terrified administrators everywhere.

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So you are more than willing to sign a guy up for a shit load of expenses knowing that the case will be dropped because the person was acting in the interest of public safety?

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Posted: 8/29/2016 2:34:14 PM EDT

[#8]

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So you are more than willing to sign a guy up for a shit load of expenses knowing that the case will be dropped because the person was acting in the interest of public safety?

Posted Via AR15.Com Mobile

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Quoted:

Physical control DUIs in a legally parked and not running car are BS. Fortunately in my area the court will accept an affirmative defense that you realized you were too drunk to drive and parked it in the interest of public safety.

That said if it came to my attention I would still make the arrest for the following reasons:

1) It is not a Constitutional violation despite how stupid and illogical the law is, and

2) If it came to the attention of my superiors that I had PC for a DUI arrest, physical control or not, and did not make the arrest I would get beefed for failure to act/investigate/whatever. I'm not riding a 10 day suspension/firing/whatever for some dude I don't know who can't call a taxi. Sorry. I sincerely do wish you luck arguing the aforementioned affirmative defense.

A reasonable solution would be to allow the cops to throw drunks who weren't actually driving in the back seat, drive them home, and voucher their car keys for pick up at the precinct the next day.

But we can't do that because there was probably one time, somewhere, someone did that and the guy got a second key and went driving and killed a schoolbus full of nuns and a family of ducks crossing the road and that is somehow the police's fault for not predicting the future and they no doubt paid out millions of dollars in civil court and terrified administrators everywhere.

So you are more than willing to sign a guy up for a shit load of expenses knowing that the case will be dropped because the person was acting in the interest of public safety?

Posted Via AR15.Com Mobile

Is there probable cause for a DUI arrest? Then yes, I will make that arrest 100% of the time in the interests of my own career survival. I have no discretion in DV arrests by law, and I effectively have no discretion in DUI arrests by administrative fiat and discipline.

Am I supposed to feel bad about making an arrest on probable cause or something? That's my fucking job. The person to be arrested has to actually do something to get arrested, not my fault that they're ignorant of/chose to ignore the retarded physical control laws in place, and it is also not my fault I will get disciplined for exercising discretion in such an instance.

I'll sign a petition and cast a vote to change physical control laws if you place one in front of me. I don't sleep drunk in my car so I'm not gonna go start one myself, not that big a deal. If your expecting me to risk my livelihood so you can sleep drunk in your car when it's illegal... sorry.

Posted: 8/29/2016 2:37:35 PM EDT

[#9]

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Is there probable cause for a DUI arrest? Then yes, I will make that arrest 100% of the time in the interests of my own career survival. I have no discretion in DV arrests by law, and I effectively have no discretion in DUI arrests by administrative fiat and discipline.

Am I supposed to feel bad about making an arrest on probable cause or something? That's my fucking job. The person to be arrested has to actually do something to get arrested, not my fault that they're ignorant of/chose to ignore the retarded physical control laws in place, and it is also not my fault I will get disciplined for exercising discretion in such an instance.

I'll sign a petition and cast a vote to change physical control laws if you place one in front of me. I don't sleep drunk in my car so I'm not gonna go start one myself, not that big a deal. If your expecting me to risk my livelihood so you can sleep drunk in your car when it's illegal... sorry.

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Quoted:

Quoted:
Physical control DUIs in a legally parked and not running car are BS. Fortunately in my area the court will accept an affirmative defense that you realized you were too drunk to drive and parked it in the interest of public safety.

That said if it came to my attention I would still make the arrest for the following reasons:

1) It is not a Constitutional violation despite how stupid and illogical the law is, and

2) If it came to the attention of my superiors that I had PC for a DUI arrest, physical control or not, and did not make the arrest I would get beefed for failure to act/investigate/whatever. I'm not riding a 10 day suspension/firing/whatever for some dude I don't know who can't call a taxi. Sorry. I sincerely do wish you luck arguing the aforementioned affirmative defense.

A reasonable solution would be to allow the cops to throw drunks who weren't actually driving in the back seat, drive them home, and voucher their car keys for pick up at the precinct the next day.

But we can't do that because there was probably one time, somewhere, someone did that and the guy got a second key and went driving and killed a schoolbus full of nuns and a family of ducks crossing the road and that is somehow the police's fault for not predicting the future and they no doubt paid out millions of dollars in civil court and terrified administrators everywhere.

So you are more than willing to sign a guy up for a shit load of expenses knowing that the case will be dropped because the person was acting in the interest of public safety?

Posted Via AR15.Com Mobile

Is there probable cause for a DUI arrest? Then yes, I will make that arrest 100% of the time in the interests of my own career survival. I have no discretion in DV arrests by law, and I effectively have no discretion in DUI arrests by administrative fiat and discipline.

Am I supposed to feel bad about making an arrest on probable cause or something? That's my fucking job. The person to be arrested has to actually do something to get arrested, not my fault that they're ignorant of/chose to ignore the retarded physical control laws in place, and it is also not my fault I will get disciplined for exercising discretion in such an instance.

I'll sign a petition and cast a vote to change physical control laws if you place one in front of me. I don't sleep drunk in my car so I'm not gonna go start one myself, not that big a deal. If your expecting me to risk my livelihood so you can sleep drunk in your car when it's illegal... sorry.

Molon dental plan.

But gun laws.are different, you won't enforce bans. Am I right?

Posted Via AR15.Com Mobile

Posted: 8/29/2016 2:38:04 PM EDT

[#10]

Smoke weed

Posted: 8/29/2016 2:38:57 PM EDT

[#11]

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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

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I have always read, and been told, that keys in the ignition is akin to "driving" in terms of DUI related charges.

A.W.D.

Posted: 8/29/2016 2:39:58 PM EDT

[#12]

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Molon dental plan.

But gun laws.are different, you won't enforce bans. Am I right?

Posted Via AR15.Com Mobile

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Quoted:

Quoted:

Physical control DUIs in a legally parked and not running car are BS. Fortunately in my area the court will accept an affirmative defense that you realized you were too drunk to drive and parked it in the interest of public safety.

That said if it came to my attention I would still make the arrest for the following reasons:

1) It is not a Constitutional violation despite how stupid and illogical the law is, and

2) If it came to the attention of my superiors that I had PC for a DUI arrest, physical control or not, and did not make the arrest I would get beefed for failure to act/investigate/whatever. I'm not riding a 10 day suspension/firing/whatever for some dude I don't know who can't call a taxi. Sorry. I sincerely do wish you luck arguing the aforementioned affirmative defense.

A reasonable solution would be to allow the cops to throw drunks who weren't actually driving in the back seat, drive them home, and voucher their car keys for pick up at the precinct the next day.

But we can't do that because there was probably one time, somewhere, someone did that and the guy got a second key and went driving and killed a schoolbus full of nuns and a family of ducks crossing the road and that is somehow the police's fault for not predicting the future and they no doubt paid out millions of dollars in civil court and terrified administrators everywhere.

So you are more than willing to sign a guy up for a shit load of expenses knowing that the case will be dropped because the person was acting in the interest of public safety?

Posted Via AR15.Com Mobile

Is there probable cause for a DUI arrest? Then yes, I will make that arrest 100% of the time in the interests of my own career survival. I have no discretion in DV arrests by law, and I effectively have no discretion in DUI arrests by administrative fiat and discipline.

Am I supposed to feel bad about making an arrest on probable cause or something? That's my fucking job. The person to be arrested has to actually do something to get arrested, not my fault that they're ignorant of/chose to ignore the retarded physical control laws in place, and it is also not my fault I will get disciplined for exercising discretion in such an instance.

I'll sign a petition and cast a vote to change physical control laws if you place one in front of me. I don't sleep drunk in my car so I'm not gonna go start one myself, not that big a deal. If your expecting me to risk my livelihood so you can sleep drunk in your car when it's illegal... sorry.

Molon dental plan.

But gun laws.are different, you won't enforce bans. Am I right?

Posted Via AR15.Com Mobile

I will not, have not, and do not take police action that violates the Constitution. Do you have a Constitutional right to get hammered and sleep in the back seat of your car, or is that activity not addressed by the Constitution and left to the state and local government representatives to regulate?

Posted: 8/29/2016 2:41:40 PM EDT

[#13]

We should arrest anyone who drinks alcohol so that they cant drive drunk.

Posted: 8/29/2016 2:42:48 PM EDT

[#14]

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No key in the ignition as it doesn't even have one. He remote started it to have the air on since it was hot and humid. In remote mode the car will not go into gear until you sit in the driver seat and manually press the start button.

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Keys in ignition in a lot of places will fuck you. If he didnt have keys accessible he would have been ok.

No key in the ignition as it doesn't even have one. He remote started it to have the air on since it was hot and humid. In remote mode the car will not go into gear until you sit in the driver seat and manually press the start button.

Most remote starts that I am familiar with will only allow the vehicle to run for 20 minutes before they shut off, if you don't put the key in.

Posted: 8/29/2016 2:48:30 PM EDT

[#15]

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I will not, have not, and do not take police action that violates the Constitution. Do you have a Constitutional right to get hammered and sleep in the back seat of your car, or is that activity not addressed by the Constitution and left to the state and local government representatives to regulate?

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Quoted:

Quoted:
Physical control DUIs in a legally parked and not running car are BS. Fortunately in my area the court will accept an affirmative defense that you realized you were too drunk to drive and parked it in the interest of public safety.

That said if it came to my attention I would still make the arrest for the following reasons:

1) It is not a Constitutional violation despite how stupid and illogical the law is, and

2) If it came to the attention of my superiors that I had PC for a DUI arrest, physical control or not, and did not make the arrest I would get beefed for failure to act/investigate/whatever. I'm not riding a 10 day suspension/firing/whatever for some dude I don't know who can't call a taxi. Sorry. I sincerely do wish you luck arguing the aforementioned affirmative defense.

A reasonable solution would be to allow the cops to throw drunks who weren't actually driving in the back seat, drive them home, and voucher their car keys for pick up at the precinct the next day.

But we can't do that because there was probably one time, somewhere, someone did that and the guy got a second key and went driving and killed a schoolbus full of nuns and a family of ducks crossing the road and that is somehow the police's fault for not predicting the future and they no doubt paid out millions of dollars in civil court and terrified administrators everywhere.

So you are more than willing to sign a guy up for a shit load of expenses knowing that the case will be dropped because the person was acting in the interest of public safety?

Posted Via AR15.Com Mobile

Is there probable cause for a DUI arrest? Then yes, I will make that arrest 100% of the time in the interests of my own career survival. I have no discretion in DV arrests by law, and I effectively have no discretion in DUI arrests by administrative fiat and discipline.

Am I supposed to feel bad about making an arrest on probable cause or something? That's my fucking job. The person to be arrested has to actually do something to get arrested, not my fault that they're ignorant of/chose to ignore the retarded physical control laws in place, and it is also not my fault I will get disciplined for exercising discretion in such an instance.

I'll sign a petition and cast a vote to change physical control laws if you place one in front of me. I don't sleep drunk in my car so I'm not gonna go start one myself, not that big a deal. If your expecting me to risk my livelihood so you can sleep drunk in your car when it's illegal... sorry.

Molon dental plan.

But gun laws.are different, you won't enforce bans. Am I right?

Posted Via AR15.Com Mobile

I will not, have not, and do not take police action that violates the Constitution. Do you have a Constitutional right to get hammered and sleep in the back seat of your car, or is that activity not addressed by the Constitution and left to the state and local government representatives to regulate?

I agree with you that this is the voters fault period end of story! Hold your reps accountable!
But the stories of people being hit with this on private property do hit the constitutional level.

Posted: 8/29/2016 2:49:27 PM EDT

[#16]

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Quoted:

Molon dental plan.

But gun laws.are different, you won't enforce bans. Am I right?

Posted Via AR15.Com Mobile

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Quoted:

Quoted:
Physical control DUIs in a legally parked and not running car are BS. Fortunately in my area the court will accept an affirmative defense that you realized you were too drunk to drive and parked it in the interest of public safety.

That said if it came to my attention I would still make the arrest for the following reasons:

1) It is not a Constitutional violation despite how stupid and illogical the law is, and

2) If it came to the attention of my superiors that I had PC for a DUI arrest, physical control or not, and did not make the arrest I would get beefed for failure to act/investigate/whatever. I'm not riding a 10 day suspension/firing/whatever for some dude I don't know who can't call a taxi. Sorry. I sincerely do wish you luck arguing the aforementioned affirmative defense.

A reasonable solution would be to allow the cops to throw drunks who weren't actually driving in the back seat, drive them home, and voucher their car keys for pick up at the precinct the next day.

But we can't do that because there was probably one time, somewhere, someone did that and the guy got a second key and went driving and killed a schoolbus full of nuns and a family of ducks crossing the road and that is somehow the police's fault for not predicting the future and they no doubt paid out millions of dollars in civil court and terrified administrators everywhere.

So you are more than willing to sign a guy up for a shit load of expenses knowing that the case will be dropped because the person was acting in the interest of public safety?

Posted Via AR15.Com Mobile

Is there probable cause for a DUI arrest? Then yes, I will make that arrest 100% of the time in the interests of my own career survival. I have no discretion in DV arrests by law, and I effectively have no discretion in DUI arrests by administrative fiat and discipline.

Am I supposed to feel bad about making an arrest on probable cause or something? That's my fucking job. The person to be arrested has to actually do something to get arrested, not my fault that they're ignorant of/chose to ignore the retarded physical control laws in place, and it is also not my fault I will get disciplined for exercising discretion in such an instance.

I'll sign a petition and cast a vote to change physical control laws if you place one in front of me. I don't sleep drunk in my car so I'm not gonna go start one myself, not that big a deal. If your expecting me to risk my livelihood so you can sleep drunk in your car when it's illegal... sorry.

Molon dental plan.

But gun laws.are different, you won't enforce bans. Am I right?

Posted Via AR15.Com Mobile

Which amendment prohibits .gov from infringing on your right to sleep in a car while shitfaced?

Posted: 8/29/2016 2:51:39 PM EDT

[#17]

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I agree with you that this is the voters fault period end of story! Hold your reps accountable!
But the stories of people being hit with this on private property do hit the constitutional level.

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Public accessible private property like a parking lot or typical suburban driveway or true fenced/posted private properly like a 100 acre plot?

Posted: 8/29/2016 2:53:08 PM EDT

[#18]

I can see both sides of this.

Drunk guy is sleeping it off.......cops are being dicks.

Cool cops let the sleep it off. Drunk guy wakes up a few minutes later and decides he is OK to drive. Drunk guy hurts himself or somebody else in an accident. Everybody sues the cops for leaving a drunk guy in control of a running vehicle.

Posted: 8/29/2016 2:53:45 PM EDT

[#19]

One of my Sgts got taken for the same exact thing. He was out drinking at a going away and decided to sleep in his truck. Wasn't running or anything. keys were under the seat and he was asleep in the bed. Ol Jacksonville PD took him to jail and he got a DUI. Its horseshit.

Posted: 8/29/2016 2:58:00 PM EDT

[#20]

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That's a dick move

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Posted: 8/29/2016 2:59:59 PM EDT

[#21]

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Public accessible private property like a parking lot or typical suburban driveway or true fenced/posted private properly like a 100 acre plot?

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Quoted:
I agree with you that this is the voters fault period end of story! Hold your reps accountable!
But the stories of people being hit with this on private property do hit the constitutional level.

Public accessible private property like a parking lot or typical suburban driveway or true fenced/posted private properly like a 100 acre plot?

Earlier posts discussed people's garages and barns on farms.

Posted: 8/29/2016 3:00:43 PM EDT

[#22]

Over here, the car would have to be ready for motion for a DUI charge to stick...usually means the ignition is on. However if the driver is in the back of the cab, then you could make a case that the car was not ready for motion since the driver would need a lot of effort to get into the driver's seat. Check the laws there and see if this applies.

I think if your friends situation was explained before a judge he would easily find him not guilty, as long as the cop doesn't make something up.

Posted: 8/29/2016 3:01:40 PM EDT

[#23]

I've never encountered a vehicle with remote start that did not have an automatic shutoff if the vehicle ran for 45 mins or some amount of time.

So because of this I am questioning the information as it has been relayed here. I believe the keys were in the ignition.

Posted: 8/29/2016 3:03:59 PM EDT

[#24]

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I can see both sides of this.

Drunk guy is sleeping it off.......cops are being dicks.

Cool cops let the sleep it off. Drunk guy wakes up a few minutes later and decides he is OK to drive. Drunk guy hurts himself or somebody else in an accident. Everybody sues the cops for leaving a drunk guy in control of a running vehicle.

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Under what legal theory?

Posted: 8/29/2016 3:04:48 PM EDT

[#25]

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I've never encountered a vehicle with remote start that did not have an automatic shutoff if the vehicle ran for 45 mins or some amount of time.

So because of this I am questioning the information as it has been relayed here. I believe the keys were in the ignition.

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My wife's truck shuts off at 15 minutes. My car at 10.

Posted: 8/29/2016 3:05:05 PM EDT

[#26]

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I've never encountered a vehicle with remote start that did not have an automatic shutoff if the vehicle ran for 45 mins or some amount of time.

So because of this I am questioning the information as it has been relayed here. I believe the keys were in the ignition.

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My f150 is 10 minutes....
But I think you can program the length of run time.

Posted: 8/29/2016 3:07:51 PM EDT

[#27]

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Under what legal theory?

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Quoted:

I can see both sides of this.

Drunk guy is sleeping it off.......cops are being dicks.

Cool cops let the sleep it off. Drunk guy wakes up a few minutes later and decides he is OK to drive. Drunk guy hurts himself or somebody else in an accident. Everybody sues the cops for leaving a drunk guy in control of a running vehicle.

Under what legal theory?

A google search will yield many articles documenting multi million dollar lawsuits filed against police agencies after a drunk driver was contacted by police, who exercised discretion and didn't arrest him/her, and they later crashed.

Posted: 8/29/2016 3:20:44 PM EDT

[#28]

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I'm sure the law varies state to state, in Missouri he would have been screwed no matter what if he had the keys in his possession.

Oh, and for all of the "refuse to blow" comments... That's an automatic one year revocation AND conviction.

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Coercion to self incriminate.

Cops who enforce that are scumbags.

Posted: 8/29/2016 3:31:14 PM EDT

[#29]

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A google search will yield many articles documenting multi million dollar lawsuits filed against police agencies after a drunk driver was contacted by police, who exercised discretion and didn't arrest him/her, and they later crashed.

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Quoted:

Quoted:
I can see both sides of this.

Drunk guy is sleeping it off.......cops are being dicks.

Cool cops let the sleep it off. Drunk guy wakes up a few minutes later and decides he is OK to drive. Drunk guy hurts himself or somebody else in an accident. Everybody sues the cops for leaving a drunk guy in control of a running vehicle.

Under what legal theory?

A google search will yield many articles documenting multi million dollar lawsuits filed against police agencies after a drunk driver was contacted by police, who exercised discretion and didn't arrest him/her, and they later crashed.

I think they even fired two cops for not arresting a guy who ended up getting himself killed.

Ohio maybe?

Posted: 8/29/2016 3:56:09 PM EDT

[#30]

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Earlier posts discussed people's garages and barns on farms.

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Quoted:
I agree with you that this is the voters fault period end of story! Hold your reps accountable!
But the stories of people being hit with this on private property do hit the constitutional level.

Public accessible private property like a parking lot or typical suburban driveway or true fenced/posted private properly like a 100 acre plot?

Earlier posts discussed people's garages and barns on farms.

Which is why I asked the question.

Also, not sure people were arrested while sitting in their garages or barns - on their property but not inside a structure.

Posted: 8/29/2016 3:57:01 PM EDT

[#31]

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Under what legal theory?

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Quoted:

Quoted:
I can see both sides of this.

Drunk guy is sleeping it off.......cops are being dicks.

Cool cops let the sleep it off. Drunk guy wakes up a few minutes later and decides he is OK to drive. Drunk guy hurts himself or somebody else in an accident. Everybody sues the cops for leaving a drunk guy in control of a running vehicle.

Under what legal theory?

Since when is a valid legal theory a requirement to file a lawsuit?

Posted: 8/29/2016 3:58:07 PM EDT

[#32]

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Coercion to self incriminate.

Cops who enforce that are scumbags.

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Quoted:
I'm sure the law varies state to state, in Missouri he would have been screwed no matter what if he had the keys in his possession.

Oh, and for all of the "refuse to blow" comments... That's an automatic one year revocation AND conviction.

Coercion to self incriminate.

Cops who enforce that are scumbags.

Sovereign Citizen?

Posted: 8/29/2016 4:02:04 PM EDT

[#33]

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Coercion to self incriminate.

Cops who enforce that are scumbags.

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Quoted:
I'm sure the law varies state to state, in Missouri he would have been screwed no matter what if he had the keys in his possession.

Oh, and for all of the "refuse to blow" comments... That's an automatic one year revocation AND conviction.

Coercion to self incriminate.

Cops who enforce that are scumbags.

Then I am a scumbag?

I'll live with that.

Posted: 8/29/2016 4:02:20 PM EDT

[#34]

Back when I lived in Colorado I got called for Jury Duty for a DUI case where a guy was found sleeping in the back seat of his running car.

During Jury selection, the prosecutor asked all potential jurors if they could convict a person of DUI even if they weren't actually driving. Anyone answering no was dismissed from the jury pool.

I don't know how the case turned out as he took a plea just after the jury was impaneled.

Posted: 8/29/2016 4:02:39 PM EDT

[#35]

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I've never encountered a vehicle with remote start that did not have an automatic shutoff if the vehicle ran for 45 mins or some amount of time.

So because of this I am questioning the information as it has been relayed here. I believe the keys were in the ignition.

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Lots of new cars don't have ignitions.

Posted: 8/29/2016 4:04:30 PM EDT

[#36]

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Sovereign Citizen?

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Quoted:

Quoted:
I'm sure the law varies state to state, in Missouri he would have been screwed no matter what if he had the keys in his possession.

Oh, and for all of the "refuse to blow" comments... That's an automatic one year revocation AND conviction.

Coercion to self incriminate.

Cops who enforce that are scumbags.

Sovereign Citizen?

Or a person who has read the Fourth Amendment.

Posted: 8/29/2016 4:12:22 PM EDT

[#37]

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I've never encountered a vehicle with remote start that did not have an automatic shutoff if the vehicle ran for 45 mins or some amount of time.

So because of this I am questioning the information as it has been relayed here. I believe the keys were in the ignition.

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I don't think that the vehicle has an ignition that you put a key in. It's push button start tied to the proximity of a key fob and whatever safety features are involved.
Is it possible that he kept hitting the remote start button? We are already conditioned to do that from snooze alarms.

Posted: 8/29/2016 4:14:30 PM EDT

[#38]

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Lots of new cars don't have ignitions.

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Quoted:

I've never encountered a vehicle with remote start that did not have an automatic shutoff if the vehicle ran for 45 mins or some amount of time.

So because of this I am questioning the information as it has been relayed here. I believe the keys were in the ignition.

Lots of new cars don't have ignitions.

I'd suspect that in a vehicle that lacks an ignition and instead uses a push button with a FOB, that mere possession of the key FOB within readable range of the vehicle will be the equivalent of keys in the ignition.

Posted: 8/29/2016 4:23:12 PM EDT

[#39]

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I'd suspect that in a vehicle that lacks an ignition and instead uses a push button with a FOB, that mere possession of the key FOB within readable range of the vehicle will be the equivalent of keys in the ignition.

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Quoted:
I've never encountered a vehicle with remote start that did not have an automatic shutoff if the vehicle ran for 45 mins or some amount of time.

So because of this I am questioning the information as it has been relayed here. I believe the keys were in the ignition.

Lots of new cars don't have ignitions.

I'd suspect that in a vehicle that lacks an ignition and instead uses a push button with a FOB, that mere possession of the key FOB within readable range of the vehicle will be the equivalent of keys in the ignition.

I hadn't considered that, and it makes sense.

Posted: 8/29/2016 4:29:43 PM EDT

[#40]

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Or a person who has read the Fourth Amendment.

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Quoted:
I'm sure the law varies state to state, in Missouri he would have been screwed no matter what if he had the keys in his possession.

Oh, and for all of the "refuse to blow" comments... That's an automatic one year revocation AND conviction.

Coercion to self incriminate.

Cops who enforce that are scumbags.

Sovereign Citizen?

Or a person who has read the Fourth Amendment.

Its also bullshit. The automatic conviction thing, I mean. It isn't true. Automatic revocation of license? Sure. Which isn't even close to the same thing. There's no such thing as "automatic conviction" of a crime in the USA precisely because of the 4th amendment.

I pointed this out earlier but strangely never got a reply.

You'd think the 4th amendment is something policemen would have a pretty decent understanding of. Calling someone a SC for making that point about coerced self incrimination about an "automatic conviction" (which isn't even true) says alot more about brian4wd than it does the person he tries to label.

Posted: 8/29/2016 4:37:53 PM EDT

[#41]

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Its also bullshit. The automatic conviction thing, I mean. It isn't true. Automatic revocation of license? Sure. Which isn't even close to the same thing. There's no such thing as "automatic conviction" of a crime in the USA precisely because of the 4th amendment.

I pointed this out earlier but strangely never got a reply.

You'd think the 4th amendment is something policemen would have a pretty decent understanding of. Calling someone a SC for making that point about coerced self incrimination about an "automatic conviction" (which isn't even true) says alot more about brian4wd than it does the person he tries to label.

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Around here, people who refuse still have gotten off as long as the defense attorney can prove there was no PC to arrest to begin with.

It happens. It isn't as "automatic" as it appears. There are just no results to contest if you were to provide a breath sample.

Posted: 8/29/2016 4:38:51 PM EDT

[#42]

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I think they even fired two cops for not arresting a guy who ended up getting himself killed.

Ohio maybe?

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I can see both sides of this.

Drunk guy is sleeping it off.......cops are being dicks.

Cool cops let the sleep it off. Drunk guy wakes up a few minutes later and decides he is OK to drive. Drunk guy hurts himself or somebody else in an accident. Everybody sues the cops for leaving a drunk guy in control of a running vehicle.

Under what legal theory?

A google search will yield many articles documenting multi million dollar lawsuits filed against police agencies after a drunk driver was contacted by police, who exercised discretion and didn't arrest him/her, and they later crashed.

I think they even fired two cops for not arresting a guy who ended up getting himself killed.

Ohio maybe?

The officers didn't speak spanish, so they couldn't communicate with him... so they dropped him off at Taco Bell

It was a Deputy Sheriff and a State Trooper. Fired and charged with dereliction of duty... Deputy convicted, State Trooper had his charges thrown out and got his job back.

http://www.dispatch.com/content/stories/local/2013/12/30/State_trooperxs_firing_overruled_in_Taco_Bell_case.html

Posted: 8/29/2016 4:39:50 PM EDT

[#43]

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I hadn't considered that, and it makes sense.

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Quoted:

I've never encountered a vehicle with remote start that did not have an automatic shutoff if the vehicle ran for 45 mins or some amount of time.

So because of this I am questioning the information as it has been relayed here. I believe the keys were in the ignition.

Lots of new cars don't have ignitions.

I'd suspect that in a vehicle that lacks an ignition and instead uses a push button with a FOB, that mere possession of the key FOB within readable range of the vehicle will be the equivalent of keys in the ignition.

I hadn't considered that, and it makes sense.

Those key FOBs have batteries. Perhaps taking the battery out and disposing of it prior to going to sleep could negate the ability to start the car (unless the car has a method to start the car with a dead FOB).

Posted: 8/29/2016 4:52:06 PM EDT

[#44]

I'm thinking this officer was a douche.

Had it been winter and really cold and the guy decided to do the right thing and sleep it off in the back but ran the engine so he did not freeze to death
that would get him a DUI/DWI

Posted: 8/29/2016 4:54:52 PM EDT

[#45]

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I will not, have not, and do not take police action that violates the Constitution. Do you have a Constitutional right to get hammered and sleep in the back seat of your car, or is that activity not addressed by the Constitution and left to the state and local government representatives to regulate?

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Which of the California gun laws have been found to be unconstitutional?

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Posted: 8/29/2016 4:58:45 PM EDT

[#46]

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I can see both sides of this.

Drunk guy is sleeping it off.......cops are being dicks.

Cool cops let the sleep it off. Drunk guy wakes up a few minutes later and decides he is OK to drive. Drunk guy hurts himself or somebody else in an accident. Everybody sues the cops for leaving a drunk guy in control of a running vehicle.

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Why not book the guy for public intoxication or some other minor charge so he can sleep it off in the drunk tank and not jack his life up?

Kharn

Posted Via AR15.Com Mobile

Posted: 8/29/2016 4:59:50 PM EDT

[#47]

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Why not book the guy for public intoxication or some other minor charge so he can sleep it off in the drunk tank and not jack his life up?

Kharn

Posted Via AR15.Com Mobile

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Quoted:

Quoted:
I can see both sides of this.

Drunk guy is sleeping it off.......cops are being dicks.

Cool cops let the sleep it off. Drunk guy wakes up a few minutes later and decides he is OK to drive. Drunk guy hurts himself or somebody else in an accident. Everybody sues the cops for leaving a drunk guy in control of a running vehicle.

Why not book the guy for public intoxication or some other minor charge so he can sleep it off in the drunk tank and not jack his life up?

Kharn

Posted Via AR15.Com Mobile

Drunk tank is only for DUIs here.

Posted: 8/29/2016 5:00:22 PM EDT

[#48]

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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.

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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.

Not in all states, what laws are you quoting here, what state?

Posted: 8/29/2016 5:01:14 PM EDT

[#49]

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No key in the ignition as it doesn't even have one. He remote started it to have the air on since it was hot and humid. In remote mode the car will not go into gear until you sit in the driver seat and manually press the start button.

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Keys in ignition in a lot of places will fuck you. If he didnt have keys accessible he would have been ok.

No key in the ignition as it doesn't even have one. He remote started it to have the air on since it was hot and humid. In remote mode the car will not go into gear until you sit in the driver seat and manually press the start button.

That might be a loop hole

Posted: 8/29/2016 5:01:44 PM EDT

[#50]

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You laugh but, TABC was, not long ago, going into bars and citing people for PI .... while they were quietly sitting on stools. The public outcry could be heard in Canada.

Not quite up to par with your hypothetical but, it's another instance of abuse of an otherwise unnoteworthy law.

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I would have arrested the drunk and won the case just as I did plenty of others. Him being locked up will prevent him from crawling into the front seat to drive home, still drunk.

Why not arrest people for DUI inside the bar? Him being locked up will prevent him from crawling to the parking lot to drive home, still drunk.

You laugh but, TABC was, not long ago, going into bars and citing people for PI .... while they were quietly sitting on stools. The public outcry could be heard in Canada.

Not quite up to par with your hypothetical but, it's another instance of abuse of an otherwise unnoteworthy law.

This stuff is one of the reasons having a powerful Tavern League lobby organization in the state is nice.

Well, and up here, pretty much everybody is a drunk... legislators get pulled from the same populace ya know.

There are very very good reasons to keep people off public roads if they are intoxicated, maybe a few good ones if they are just drunk in public.

Minding their own goddamn business and drunk somewhere isn't included in any of that.

[ARCHIVED THREAD] - Friend got a DUI sleeping in the back of his SUV... (Page 9 of 12)

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