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Posted: 8/27/2016 4:59:29 PM EDT
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.
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Posted: 8/27/2016 5:00:15 PM EDT
[#1]
Yea don't blow.
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Posted: 8/27/2016 5:00:48 PM EDT
[#2]
That's a dick move
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Posted: 8/27/2016 5:02:03 PM EDT
[#3]
that one has to be challenged then demand city pay fees
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Posted: 8/27/2016 5:02:07 PM EDT
[#4]
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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Posted: 8/27/2016 5:02:17 PM EDT
[#5]
Yup. He is in control of the vehicle, asleep or not. Had a coworker go through the same thing.
Fucked up law, ain't it? |
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Posted: 8/27/2016 5:02:37 PM EDT
[#6]
Lawyer, obviously
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Posted: 8/27/2016 5:03:06 PM EDT
[#7]
Quote HistoryQuoted:
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. |
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Posted: 8/27/2016 5:03:07 PM EDT
[#8]
Why did he start the suv ?
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Posted: 8/27/2016 5:03:16 PM EDT
[#9]
Keys in ignition in a lot of places will fuck you. If he didnt have keys accessible he would have been ok.
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Posted: 8/27/2016 5:03:19 PM EDT
[#10]
Quote HistoryQuoted:
Lawyer, obviously Yeah, that's what I said. |
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Posted: 8/27/2016 5:03:38 PM EDT
[#11]
Pretty common around here. He was technically 'operating' the vehicle by starting it/possessing the keys.
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Posted: 8/27/2016 5:04:32 PM EDT
[#12]
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. |
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Posted: 8/27/2016 5:04:39 PM EDT
[#13]
Quote HistoryQuoted:
Why did he start the suv ? Drunk and hot as balls? I'd want AC, too. |
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Posted: 8/27/2016 5:05:23 PM EDT
[#14]
Quote HistoryQuoted:
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. |
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Posted: 8/27/2016 5:05:29 PM EDT
[#15]
Quote HistoryQuoted: 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. Quote HistoryQuoted: Quoted: 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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Posted: 8/27/2016 5:06:57 PM EDT
[#16]
Quote HistoryQuoted: Keys in ignition in a lot of places will fuck you. If he didnt have keys accessible he would have been ok. Remote start, no keys in the ignition, steering column locked, but yeah its all about safety...
 |
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Posted: 8/27/2016 5:07:26 PM EDT
[#17]
A blue strip of tape would have prevented that.
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Posted: 8/27/2016 5:07:57 PM EDT
[#18]
With a good attny he can probably get out of it. The D in DUI stands for "driving."
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Posted: 8/27/2016 5:08:39 PM EDT
[#19]
Don't blow.
And he'll beat the charge. Wasn't "in control" of vehicle. Most states have either laws or case law that says you must be in drivers seat or in direct control. |
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Posted: 8/27/2016 5:08:45 PM EDT
[#20]
A few years ago I needed to "sleep it off" in a similar situation. Got in the passenger seat of my truck and remote started it, fell asleep.
Cop knocks on my window a couple hours later, asks what I'm doing. Tell him I'm sleeping it off and I'll Uber home once I feel better. He tells me to be safe and plan ahead better next time. No sobriety test / DUI. The next day I looked up the law, and he almost definitely could have hit me with a DUI. Guess I got lucky. Sorry about your friend, sounds like he was trying to do the right thing. |
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Posted: 8/27/2016 5:09:30 PM EDT
[#21]
Alaska is famous for this too in the winter. Fuck cops for expecting you to take a cab or some shit when you are safely in your back seat staying warm.
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Posted: 8/27/2016 5:09:45 PM EDT
[#22]
.086 after sleeping 12 hours..
Impressed he found his own vehicle to sleep in.. Eta- shit, kind of read that wrong.. |
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Posted: 8/27/2016 5:09:47 PM EDT
[#23]
Quote HistoryQuoted:
With a good attny he can probably get out of it. The D in DUI stands for "driving." If he didn't blow, ya I'd agree. But he blew and he's probably boned. In OH it changed to OVI (to indicate merely operating. ) |
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Posted: 8/27/2016 5:10:22 PM EDT
[#24]
Quote HistoryQuoted:
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. Quote HistoryQuoted:
Quoted:
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. |
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Posted: 8/27/2016 5:10:38 PM EDT
[#25]
Quote HistoryQuoted:
That's a dick move |
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Posted: 8/27/2016 5:11:17 PM EDT
[#26]
Quote HistoryQuoted:
A few years ago I needed to "sleep it off" in a similar situation. Got in the passenger seat of my truck and remote started it, fell asleep. Cop knocks on my window a couple hours later, asks what I'm doing. Tell him I'm sleeping it off and I'll Uber home once I feel better. He tells me to be safe and plan ahead better next time. No sobriety test / DUI. The next day I looked up the law, and he almost definitely could have hit me with a DUI. Guess I got lucky. Sorry about your friend, sounds like he was trying to do the right thing. Yeah, he's a straight up dude. Decorated SF vet and never been in trouble his entire life. Wouldn't even consider driving after a couple beers. |
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Posted: 8/27/2016 5:11:55 PM EDT
[#27]
Yeah that's a bullshit charge
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Posted: 8/27/2016 5:12:13 PM EDT
[#28]
Quote HistoryQuoted:
.086 after sleeping 12 hours.. Impressed he found his own vehicle to sleep in.. Eta- shit, kind of read that wrong.. He was only asleep for 1.5 hours. Car had been there 12 hours. |
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Posted: 8/27/2016 5:12:14 PM EDT
[#29]
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
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Posted: 8/27/2016 5:12:32 PM EDT
[#30]
Protected and served.
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Posted: 8/27/2016 5:12:53 PM EDT
[#31]
I've been a cop for 10 years and made 100's of OVI arrests.
While probably okay by the letter of the law, that arrest is total horeshit IMO. |
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Posted: 8/27/2016 5:13:00 PM EDT
[#32]
That would be a good one to fight as it challenges the parts of the law that make the statute.
Around here. if the keys are in ignition and it is running, and they are in the driver's seat, it's a good arrest. But several years ago there was something that changed either departmentally or legally where asleep with just the keys in the ignition was no longer a good arrest for DUI. Based off our laws and the fact he was not in the seat, no key in the ignition, and obviously not driving, it would be a good one to fight. |
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Posted: 8/27/2016 5:13:45 PM EDT
[#33]
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Posted: 8/27/2016 5:13:51 PM EDT
[#34]
Where was he parked?
Not trying to justify it (I think it's a bullshit charge/arrest no matter where he was parked). Just curious. |
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Posted: 8/27/2016 5:14:32 PM EDT
[#35]
Quote HistoryQuoted:
Don't try to justify stupid laws. Quote HistoryQuoted:
Quoted:
Quoted:
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. I agree with you. Just let people sleep in their cars. It keeps them from driving and isn't that the ultimate goal? |
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Posted: 8/27/2016 5:14:34 PM EDT
[#36]
Quote HistoryQuoted:
Keys in ignition in a lot of places will fuck you. If he didnt have keys accessible he would have been ok. Remote start. Keys not in ignition. Car shuts off if you touch the brake without the keys in. Buddy needs to lawyer the fuck up and find better friends. |
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Posted: 8/27/2016 5:15:36 PM EDT
[#37]
Quote HistoryQuoted:
Where was he parked? Not trying to justify it (I think it's a bullshit charge/arrest no matter where he was parked). Just curious. A small gravel parking area behind a fence about 40 yards off the highway. |
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Posted: 8/27/2016 5:15:40 PM EDT
[#38]
I'm surprised people still haven't heard about this and continue to get busted for it.
I've never had to, but would putting my keys under the hood count as not being in possession of the keys? |
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Posted: 8/27/2016 5:16:00 PM EDT
[#39]
Quote HistoryQuoted:
Pretty common around here. He was technically 'operating' the vehicle by starting it/possessing the keys. Meh I don't know how you can operate a machine from a passenger or cargo area. No idea how that holds up in court. He was basically using it purely for climate control. |
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Posted: 8/27/2016 5:16:26 PM EDT
[#40]
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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Posted: 8/27/2016 5:16:31 PM EDT
[#41]
Quote HistoryQuoted:
A few years ago I needed to "sleep it off" in a similar situation. Got in the passenger seat of my truck and remote started it, fell asleep. Cop knocks on my window a couple hours later, asks what I'm doing. Tell him I'm sleeping it off and I'll Uber home once I feel better. He tells me to be safe and plan ahead better next time. No sobriety test / DUI. The next day I looked up the law, and he almost definitely could have hit me with a DUI. Guess I got lucky. Sorry about your friend, sounds like he was trying to do the right thing. Sounds like you ran into a cop who wasn't a dick. Maybe that's just lucky but probably not. 
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Posted: 8/27/2016 5:16:34 PM EDT
[#42]
Quote HistoryQuoted:
A small gravel parking area behind a fence about 40 yards off the highway. Quote HistoryQuoted:
Quoted:
Where was he parked? Not trying to justify it (I think it's a bullshit charge/arrest no matter where he was parked). Just curious. A small gravel parking area behind a fence about 40 yards off the highway. So possibly on private property? Does Indiana's DUI statute even apply to private property? Texas' doesn't, IIRC. |
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Posted: 8/27/2016 5:16:49 PM EDT
[#43]
Should have taken a car and slept in the trunk instead.
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Posted: 8/27/2016 5:17:17 PM EDT
[#44]
Quote HistoryQuoted:
I've been a cop for 10 years and made 100's of OVI arrests. While probably okay by the letter of the law, that arrest is total horeshit IMO. This.. |
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Posted: 8/27/2016 5:17:35 PM EDT
[#45]
Why did he start it? How does remote start run more than 10 minutes?
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Posted: 8/27/2016 5:17:41 PM EDT
[#46]
Quote HistoryQuoted:
Lawyer, obviously And $25,000 later he'll have it squared away. |
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Posted: 8/27/2016 5:18:06 PM EDT
[#47]
Quote HistoryQuoted:
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. Doesn't conviction imply a trial or plea of guilty? "Automatic conviction" seems like an oxymoron. |
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Posted: 8/27/2016 5:18:09 PM EDT
[#48]
I told him the dealer might be able to pull history on the vehicle to show it had not been moved of started during the time in question. His SUV is very similar to mine and everything is computerized.
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Posted: 8/27/2016 5:18:32 PM EDT
[#49]
Quote HistoryQuoted:
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. Quote HistoryQuoted:
Quoted:
Quoted:
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. If the car wasn't running and the keys were out of the ignition, he couldn't be charged. Even if not running, IF the keys are in the ignition, you are screwed. |
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Posted: 8/27/2016 5:19:04 PM EDT
[#50]
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. |
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