Florida Cops Charge Man For DUI - While Sitting In An "Inoperable Vehicle" - Page 3

[ARCHIVED THREAD] - Florida Cops Charge Man For DUI - While Sitting In An "Inoperable Vehicle" (Page 3 of 3)

Posted: 8/9/2011 8:14:30 PM EDT

[#1]

Quoted:
Here is something for the "at least the officers made it home safe crowd":

I can still charge you with DWI (in MO) if:

You refuse breathalyzer, I can get a warrant for blood (you can not refuse), but still do not have to.

You refuse Horizontal Gaze Nystagmus

You refuse walk and turn

You refuse one legged stand

You blow UNDER .08

You refuse piss

If the keys are in the ignition, but not running with you behind the wheel.

If I witness you getting out of car that was running, while you were the driver.

Or even if you get out of a car, run, and I did not catch you, but a passenger in the car said you ran because you did not want a DWI. But along with that goes resisting arrest by fleeing, even though I didn't know I was going to arrest you.

It is not as bad as you think it is, or want it to be right now. It could be a lot worse. Think about that.

You can't blow under .08 if you refused the breathalyzer.

Posted: 8/9/2011 8:19:37 PM EDT

[#2]

Quoted:

Quoted:
Guy wasn't driving, and the keys were in his lap. Not a DWI. Good call by jury.

In possession of the keys and in the vehicle would normally be good enough, but unless the vehicle was rendered inoperable due to his drunk driving, this one is bullshit.

Is he driving? Yes? Then you can charge for DUI/DWI.
Is he not driving? Then no, you can't charge for DUI/DWI. Unless you are the thought police of course.

ETA:

Quoted:
Here is something for the "at least the officers made it home safe crowd":

I can still charge you with DWI (in MO) if:

You refuse breathalyzer, I can get a warrant for blood (you can not refuse), but still do not have to.

You refuse Horizontal Gaze Nystagmus

You refuse walk and turn

You refuse one legged stand

You blow UNDER .08

You refuse piss

If the keys are in the ignition, but not running with you behind the wheel.

If I witness you getting out of car that was running, while you were the driver.

Or even if you get out of a car, run, and I did not catch you, but a passenger in the car said you ran because you did not want a DWI. But along with that goes resisting arrest by fleeing, even though I didn't know I was going to arrest you.

It is not as bad as you think it is, or want it to be right now. It could be a lot worse. Think about that.

Land of the fee, home of the knave.

Posted: 8/9/2011 8:28:14 PM EDT

[#3]

He couldn't have been that drunk if he was craving salad.

Posted: 8/9/2011 8:38:24 PM EDT

[#4]

Quoted:

Quoted:
Maybe we can discuss farmers on tractors while baling hay in the field getting a DWI for having an open beer.

That's just as foolish a timewaster as this case was.

I learned last year from a neighbor that the chicken shit little town I live in decided to make it an offense, public intoxication, to drink beer on your front porch or front yard.. We have never figured out how our front yard is public.

Jim

I'd be screwed .

Posted: 8/9/2011 8:39:48 PM EDT

[#5]

Yes, I have. You seemed to be contesting the not-guilty verdict, which is why I asked about reasonable doubt.

Posted: 8/9/2011 8:44:23 PM EDT

[#6]

Quoted:
When an officer didn't see you drive???? The hell??? What if you are sitting on a lawn chair?

The law is meant so an officer can arrest someone for DUI at the scene of an accident.. lets say you come upon the scene of a traffic collusion and one of the drivers is obviously under the influence... the officer can arrest him or her for DUI even if she did not see them actually drive the vehicle.

Posted: 8/9/2011 8:44:33 PM EDT

[#7]

Quoted:
no laughing matter.

when i went to UGA, you'd hear stories of college students pulling over because they were drunk, crawling in the back seat and going to sleep and getting popped for DUI. the old story was, if you had to do that, you got out of the car and move somewhere close by and zonked out.

Key part of your story is in red................ Your friends did in fact drive to where they were found by the cops.

Brian

Posted: 8/9/2011 9:40:04 PM EDT

[#8]

I did that once.

Car died (rod through engine housing, no chance of ever running) on the way home from college about 2 miles outside of a small town. I had some beer and was pushing into town (70's era corolla, like pushing a skateboard), and a cop pulls over and asks if I am having problems. It was like 105 degrees out and I just kept drinking while talking to him, which pissed him off. I told him that the car had carried me around for a year, so I figgered I should return the favor. He tried to pull some open container crap, but it all got dropped by his superior and I was free once we got to town and I paid to get the car out of tow, bastard.

Posted: 8/9/2011 9:44:16 PM EDT

[#9]

Quoted:

Quoted:

Maybe we can discuss farmers on tractors while baling hay in the field getting a DWI for having an open beer.

That's just as foolish a timewaster as this case was.

You can drive drunk on your own property, with no license, tag or plate!

Same in TX, you have to be on a public roadway.

I used to mow my father in laws acreage with a big ass QT cup of rum and coke.

Posted: 8/9/2011 9:57:46 PM EDT

[#10]

Quoted:

Dangerous work, arresting people for DUI when they're not driving. Glad those brave officers got home safe.

Posted: 8/9/2011 10:00:15 PM EDT

[#11]

Quoted:
The cop who arrested him should be fired.

Seriously...who in their right mind would arrest someone for DUI in an inoperable vehicle?

If you can't make THAT judgement call, you shouldn't be a cop.

It's not about judgement, it's about revenue. DUI is expensive for those who get them, and lucrative for those who hand them out. I'm not a fan of drunk driving, and think people should be hammered for doing it. However, when you introduce a profit motive to law enforcement, this is what you get.

Posted: 8/9/2011 10:06:00 PM EDT

[#12]

I had a neighbor come up to me and ask me this:

Can the cops charge you with DUI if they never saw you driving?

He was at home when he got a knock on the door, two cops were there and took him downtown and charged him with DUI because it had been reported that he was driving recklessly and they traced the car to him

Posted: 8/9/2011 10:14:14 PM EDT

[#13]

Quoted:

Quoted:
How did the vehicle become inoperable? Was he driving drunk and then it shit the bed, thus leaving him on the side of the road? Or had it been inoperable for days and he decided to climb into it to eat his salad? The fact that the vehicle may have become inoperable doesn't change that he likely was drunk while driving it prior to it shutting down.

i guess that whole reasonable doubt thing went right by you.

I guess the whole probably cause thing went right by you. Burden of proof for arrest on scene and for conviction in court aren't the same.

Posted: 8/9/2011 10:15:01 PM EDT

[#14]

Quoted:
He couldn't have been that drunk if he was craving salad.

That was my exact thought! hah, now a chicken finger sub or pizza maybe...

Posted: 8/9/2011 10:31:28 PM EDT

[#15]

Quoted:

Quoted:
Dangerous work, arresting people for DUI when they're not driving. Glad those brave officers got home safe.

It make sense when you remember the point is binging back prohibition.z

Posted: 8/9/2011 10:35:32 PM EDT

[#16]

Quoted:

Quoted:
My brother was arrested for DUI because he was walking toward his car, while in possession of his keys. His BAC was 0.37 but didn't even manage to get in the vehicle.

Entrapment....

Well, entrapment would be if the officer said "Hey, why don't you drive that car?".

Quoted:

Quoted:
My brother was arrested for DUI because he was walking toward his car, while in possession of his keys. His BAC was 0.37 but didn't even manage to get in the vehicle.

What. The. Fuck?

That was pretty much my thoughts. But, it's not to say that he didn't deserve it. He had driven himself to the liquor store, and walked in. They turned him down because he was so completely drunk, and he went out, headed to his car, and the cops pulled up and grabbed him. Yes, he had been driving, but nobody had actually seen him drive. In my state, though, if you're even trying to get in the car and drive, it's DUI.

I thought long and hard about getting him a lawyer so he didn't have to take the public defender's plea deal, but... he hadn't been sober in three years. And I don't mean "He hadn't gone long without being drunk", I mean that he was drunk, on a 24-hour basis, for three years. We'd pick him up in the ER regularly after they gave him a banana bag or two and some librium, and he'd be drinking within hours. The threat of jail is what got him to go to counseling programs and actually take them seriously, and it ended up being exactly what he needed.

Posted: 8/12/2011 4:14:15 PM EDT

[#17]

Quoted:

Quoted:

You refuse Horizontal Gaze Nystagmus

WTF is this?

"Follow the pen with your eyes."

This. Google it, because explaining it from my phone would be a bitch. It really is a neat test though. I can tell if you are over .08 just by your eyes. Very neat tool.

Really? What if someone has just taken a shitload of Xanax recently?

Then don't drive. DUI or DWI, whatever it is called in your state is for any impairing substance.

Posted: 8/12/2011 4:16:47 PM EDT

[#18]

Quoted:
Dangerous work, arresting people for DUI when they're not driving. Glad those brave officers got home safe.

Posted: 8/13/2011 12:54:04 AM EDT

[#19]

Quoted:

Quoted:

You refuse Horizontal Gaze Nystagmus

WTF is this?

"Follow the pen with your eyes."

This. Google it, because explaining it from my phone would be a bitch. It really is a neat test though. I can tell if you are over .08 just by your eyes. Very neat tool.

Really? What if someone has just taken a shitload of Xanax recently?

Then don't drive. DUI or DWI, whatever it is called in your state is for any impairing substance.

My point was that the presence of HGN does definitively equal alcohol impairment.

Posted: 8/13/2011 2:03:06 AM EDT

[#20]

Drunk DRIVING.

Posted: 8/13/2011 2:10:13 AM EDT

[#21]

How many rounds did the officer put into the perps dog..?

Posted: 8/13/2011 2:44:28 AM EDT

[#22]

Dumbass cops. Maybe they'll do a no-knock warrant on the wrong house next.

Posted: 8/13/2011 2:49:06 AM EDT

[#23]

We can't all be smart...

Posted: 8/13/2011 2:53:45 AM EDT

[#24]

Quoted:

Quoted:

Dangerous work, arresting people for DUI when they're not driving. Glad those brave officers got home safe.

What if his car weren't inoperable? What if he threw the keys in, and killed someones loved one? Fucks sake.

What if he just ate his salad and went to sleep. Fucking nanny state.

Posted: 8/13/2011 3:42:26 AM EDT

[#25]

He was'nt driving so he shouldn't be even charged with Driving Under Influence. Now if they had a Sitting Under Influence that'd be a different story

Posted: 8/13/2011 6:25:35 AM EDT

[#26]

Quoted:

Quoted:

You refuse Horizontal Gaze Nystagmus

WTF is this?

"Follow the pen with your eyes."

This. Google it, because explaining it from my phone would be a bitch. It really is a neat test though. I can tell if you are over .08 just by your eyes. Very neat tool.

Really? What if someone has just taken a shitload of Xanax recently?

Then don't drive. DUI or DWI, whatever it is called in your state is for any impairing substance.

My point was that the presence of HGN does definitively equal alcohol impairment.

Prescription drugs do not cause the results officers look for in the HGN test.

Posted: 8/13/2011 6:37:08 AM EDT

[#27]

Quoted:

Quoted:
Dangerous work, arresting people for DUI when they're not driving. Glad those brave officers got home safe.

What if his car weren't inoperable? What if he threw the keys in, and killed someones loved one? Fucks sake.

What if lighting struck the car causing it to come to life and he drove it around eating babies?

What if grasshoppers had machineguns?

Posted: 8/13/2011 6:54:48 AM EDT

[#28]

A novel defense for DUI, if I may be so bold... "A game changer".

August 12, 2011

HELENA, Mont. — A new trial date has been set for a Billings police officer accused of driving with an elevated alcohol level.

Samantha Puckett's first trial ended in a hung jury over a DUI per se charge, and her new trial is set for Oct. 18.

Court records say Puckett was stopped for speeding in Helena just before 2 a.m. Dec. 10. A breath test showed she had a blood alcohol level of 0.101 percent, exceeding the 0.08 percent limit for driving.

But a defense witness said the analysis could be flawed.

The Independent Record reports Paul Miranda, who has a Ph.D. in chemistry from UM, said results could vary due to elevation, body temperature and other factors. <like how many beers you drank>

Posted: 8/13/2011 7:14:49 AM EDT

[#29]

Quoted:

Quoted:
no laughing matter.

when i went to UGA, you'd hear stories of college students pulling over because they were drunk, crawling in the back seat and going to sleep and getting popped for DUI. the old story was, if you had to do that, you got out of the car and move somewhere close by and zonked out.

Key part of your story is in red................ Your friends did in fact drive to where they were found by the cops.

Brian

Another example of "It depends on the state".

In Texas, at least when I was a cop, the officer had to see you driving to arrest for DWI.

I remember the first time we found a guy asleep in his vehicle, and he was drunk, I asked my Training Officer if he was DWI. He said, "Did you see him driving?". I answered no. He said, "Then he is simply drunk. We have to see him drive to arrest for DWI."

It depends on the state laws.

Posted: 8/13/2011 7:26:12 AM EDT

[#30]

Quoted:

Quoted:
Why did this even go to jury? Why didn't the judge just toss it out?

I don't believe the state has to prove the vehicle was operable.

Yeah but if they charge you with DRIVING WHILE INTOXICATED don't they have to prove you drove?

NO, they just have to prove to the accused that they'll fuck up his life if he doesn't pay the state money.

Posted: 8/13/2011 7:35:02 AM EDT

[#31]

Quoted:

Quoted:
no laughing matter.

when i went to UGA, you'd hear stories of college students pulling over because they were drunk, crawling in the back seat and going to sleep and getting popped for DUI. the old story was, if you had to do that, you got out of the car and move somewhere close by and zonked out.

Key part of your story is in red................ Your friends did in fact drive to where they were found by the cops.

Brian

Another example of "It depends on the state".

In Texas, at least when I was a cop, the officer had to see you driving to arrest for DWI.

I remember the first time we found a guy asleep in his vehicle, and he was drunk, I asked my Training Officer if he was DWI. He said, "Did you see him driving?". I answered no. He said, "Then he is simply drunk. We have to see him drive to arrest for DWI."

It depends on the state laws.

Holy shit, you mean that you can't charge DWI for someone who wasn't driving in texas?

Posted: 8/13/2011 7:37:10 AM EDT

[#32]

Quoted:

Quoted:
no laughing matter.

when i went to UGA, you'd hear stories of college students pulling over because they were drunk, crawling in the back seat and going to sleep and getting popped for DUI. the old story was, if you had to do that, you got out of the car and move somewhere close by and zonked out.

Key part of your story is in red................ Your friends did in fact drive to where they were found by the cops.

Brian

Another example of "It depends on the state".

In Texas, at least when I was a cop, the officer had to see you driving to arrest for DWI.

I remember the first time we found a guy asleep in his vehicle, and he was drunk, I asked my Training Officer if he was DWI. He said, "Did you see him driving?". I answered no. He said, "Then he is simply drunk. We have to see him drive to arrest for DWI."

It depends on the state laws.

Holy shit, you mean that you can't charge DWI for someone who wasn't driving in texas?

Amazing, ain't it.

Posted: 8/13/2011 7:52:29 AM EDT

[#33]

Out here I heard of a college kid getting busted for drunken boating.
He was in an innertube with a sixpack with an small electric motor floating / crusing down
the Truckee

Ya know there should be some common sence exercised by law enforcement as to when to just give someone a warning and not screw up thier lives for a bogus percieved crime.
I mean druinken boating? for fucks sake.

Posted: 8/13/2011 1:45:34 PM EDT

[#34]

Quoted:

Quoted:

You refuse Horizontal Gaze Nystagmus

WTF is this?

"Follow the pen with your eyes."

This. Google it, because explaining it from my phone would be a bitch. It really is a neat test though. I can tell if you are over .08 just by your eyes. Very neat tool.

Really? What if someone has just taken a shitload of Xanax recently?

Then don't drive. DUI or DWI, whatever it is called in your state is for any impairing substance.

My point was that the presence of HGN does definitively equal alcohol impairment.

Prescription drugs do not cause the results officers look for in the HGN test.

So incorrect I don't even know where to begin.

Posted: 8/13/2011 2:02:52 PM EDT

[#35]

Quoted:
Out here I heard of a college kid getting busted for drunken boating.
He was in an innertube with a sixpack with an small electric motor floating / crusing down
the Truckee

Ya know there should be some common sence exercised by law enforcement as to when to just give someone a warning and not screw up thier lives for a bogus percieved crime.
I mean druinken boating? for fucks sake.

Here in Texas if you are drunk and operating a boat it is DWI- the same as if you are driving a car on the street.

And yeah- it's a dumb law.

Jim

[ARCHIVED THREAD] - Florida Cops Charge Man For DUI - While Sitting In An "Inoperable Vehicle" (Page 3 of 3)

General » General Discussion

Warning

Confirm Action

About AR15.COM

Stay Connected

Newsletter

Contact Us