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Link Posted: 7/27/2005 2:23:57 PM EDT
[#1]
I heard about a llocal case last week where a woman in her early 20's went to the bar for a girls night out. She drove home and forgot to put her car in park.  As she walked behind the vehicle it rolled down her driveway and crushed her chest cavity. DRT.
Link Posted: 7/27/2005 2:24:29 PM EDT
[#2]
In Canada they'll bust your ass if you are asleep in the back seat.
Link Posted: 7/27/2005 2:26:38 PM EDT
[#3]
In Mo. it is called actual physical control. If you are in a position where you could operate the vehicle if you chose to do so(even asleep in the back, and the keys are where you could get them). I think its shitty, but the last time I checked, my opinion didn't mean shit.
Link Posted: 7/27/2005 2:26:56 PM EDT
[#4]

Quoted:

Not everything revolves around gun rights.




I'm not saying that.........it's just the same mentality that goes after drunk driving,  has police charging people with DUI, for things that are not DUI offensives, simply because alcohol  was involved. after all it's protecting society

the brady group campaigns, lobbys,  and puts up posters, and  goes after evil guns, simply because they are "military style" it doesn't matter that your gun is never out of the case, simply becuase you have it is enough for them to call for a ban on them. after all it's protecting society
Link Posted: 7/27/2005 2:27:03 PM EDT
[#5]

Quoted:
In Canada they'll bust your ass if you are asleep in the back seat.



I know of a guy who got busted in his RV. He was driving down the interstate drinking. Pulled to the shoulder of the road. Went to sleep in the back. Cop knocked on the door. Hooked him up.
Link Posted: 7/27/2005 2:32:31 PM EDT
[#6]

Quoted:

Quoted:
In Canada they'll bust your ass if you are asleep in the back seat.



I know of a guy who got busted in his RV. He was driving down the interstate drinking. Pulled to the shoulder of the road. Went to sleep in the back. Cop knocked on the door. Hooked him up.



How did he know he hadn't just pulled over and then started drinking? Was he driving erratically beforehand or was this just another courtesy stop? What if I am in my driveway washing my car and having a few beers, if the keys are sitting on the seat can I be chalked up as another victory in the war du jour?

I'm all for getting the soused off the roads, but if they aren't driving at the time, it's kinna pushing it... (btw I am in favor of 3 strikes yer out applying to MV operating DUI's - if Joe McSchmuck wants to get plastered and do donuts with his garden tractor, as long as it ain't on the street - let him)

Oh, almost forgot. IT'S AN OUTRAGE! There. Much better.
Link Posted: 7/27/2005 2:42:16 PM EDT
[#7]

Quoted:
In Canada they'll bust your ass if you are asleep in the back seat.




I got a warnign on that when I was 21, I was doing a long drive and got tired, so I decided to pull over and sleep for a bit, I did not want to fall asleep and kill soemne, especially myself.


not even an hour later soem female cop comes up and smacks on my widow with her light, scares the crap out of me and wakes me up. She asks what I am doing and I tell her, driving, tried, pulled over (I was way over on th eshoulder, maybe 10 feet fromthe highway)  She said I coudl not be stopped like that, there were drunk drivers driving up and down the highways and they might hit me, I told her I did not want to hit anyone by being too tired and that if there were drunk drivers out driving she should go deal with them.

She did not like that, made me go, so I drove into the next county and pulled over to sleep there, stupid county mounties
Link Posted: 7/27/2005 2:48:09 PM EDT
[#8]

Quoted:

Quoted:

Quoted:
In Canada they'll bust your ass if you are asleep in the back seat.



I know of a guy who got busted in his RV. He was driving down the interstate drinking. Pulled to the shoulder of the road. Went to sleep in the back. Cop knocked on the door. Hooked him up.



How did he know he hadn't just pulled over and then started drinking? Was he driving erratically beforehand or was this just another courtesy stop? What if I am in my driveway washing my car and having a few beers, if the keys are sitting on the seat can I be chalked up as another victory in the war du jour?

I'm all for getting the soused off the roads, but if they aren't driving at the time, it's kinna pushing it... (btw I am in favor of 3 strikes yer out applying to MV operating DUI's - if Joe McSchmuck wants to get plastered and do donuts with his garden tractor, as long as it ain't on the street - let him)

Oh, almost forgot. IT'S AN OUTRAGE! There. Much better.



One of those things. Drunk person, vehicle and keys. Ask one of the lawyers.
Link Posted: 7/27/2005 2:56:29 PM EDT
[#9]
Now what.  Defending drunk drivers against evil JBTs.  
Link Posted: 7/27/2005 3:06:59 PM EDT
[#10]

Quoted:
Now what.  Defending drunk drivers against evil JBTs.  



A pox on both.
Link Posted: 7/27/2005 3:48:53 PM EDT
[#11]

Quoted:
Here's a direct quote from our post arrest chemical test advisement.

"You are under arrest for operating or being in actual physical control of a motor vehicle while under the influence of alcoholic liquor or drugs..."

Many people have been arrested and convicted of sitting drunk in the driver's seat of a running car in a parking lot listening to the radio or warming up from the heater.



That could apply if I'm working on my truck in my driveway drinkign a couple Bud Lights, key in ignition, engine running to check the engine timing.
Link Posted: 7/27/2005 3:54:14 PM EDT
[#12]
also, how can a car have 2 drunk drivers?  That's phucked up. One or both of the women will walk I bet
Link Posted: 7/27/2005 4:17:11 PM EDT
[#13]

Quoted:
also, how can a car have 2 drunk drivers?  That's phucked up. One or both of the women will walk I bet



Nope, that's what got them in this fix.

In your own driveway, probably not in most areas.  It's when you're on public roads or public access private property.
Link Posted: 7/27/2005 4:29:07 PM EDT
[#15]

Quoted:
also, how can a car have 2 drunk drivers?  That's phucked up. One or both of the women will walk I bet



Switch drivers. I made an arrest like that before. 2 DUI's from one vehicle.

ETA: Both were convicted.
Link Posted: 7/27/2005 5:25:49 PM EDT
[#16]
OK, I Didn't mean to inflame any LEOs with my example. I am sorry and meant no disrespect in general.

I will shutup on this.  Evidently my freind or his brother or somebody else who knows me saw this thread and called my house and asked me to shutup, even though I would never give out any personal info.

I do know for a fact though that there is a registered "child molester" living in this town that didn't get much more punishment.

My freinds brother acted stupid, then tried to do the right thing by owning up to it.  
Link Posted: 7/27/2005 11:29:48 PM EDT
[#17]

Quoted:

Quoted:
Well, technically they were operating a motor vehicle, and they did hit someone else's car. Only difference from normal instances is speed/source of power, neither of which really matters DUI/DWI cases. Does the fact that they were using (wo)manpower as opposed to gasoline, and going 5 mph instead of 50 really matter? They were still twice the legal limit and they still caused damage to another vehicle.

As far as I know, there are no provisions in DUI/DWI laws that say "operating a motor vehicle while drunk is legal under [insert speed here]" or "operating a motor vehicle while under the influence of alcohol shall not be considered illegal if the car is propelled by [insert power source here]"...

Would you prefer they got off scot free?



Get off scott free for pushing a disabled car? While DRUNK? Perish the thought. The law should always be applied blindly and without the use of reason or what the troglodytes call "common sense." To do otherwise would be doubleplus ungood.



So if two drunk ladies ruined your car one night, you wouldn't want them to be criminally liable for destruction of (your) property?

FACT: These women were twice the legal limit.
FACT: They were operating a motor vehicle, albeit at a slow rate of speed and via an alternative power source, but the vehicle WAS moving and it wasn't the easter bunny that was moving it. Like I said, there is no legal clause that says the vehicle must be running on gasoline power (if you were coasting down a steep hill with the car off and in neutral, doing 40 mph, that counts as DUI 110%) or that it must be going a certain speed (if you're doing 4 mph in a 65 mph zone while drunk, that is 110% DUI) to qualify for DUI status. THEY (yes, they, since there was presumably more than one person pushing) WERE IN OPERATION OF A MOTOR VEHICLE. WHILE DRUNK. PERIOD.
FACT: They caused damage to another person's property as a DIRECT RESULT of operating a motor vehicle and being over twice as drunk as one may be allowed to do so.
FLAL1A's LALALAND LOGIC: The women should get off scot free. They did nothing illegal, and *we* all need a dose of "common sense".

Well...whatever floats your boat, I guess

Link Posted: 7/28/2005 4:04:37 AM EDT
[#18]

Quoted:
also, how can a car have 2 drunk drivers?  



They took turns steering and pushing.
Link Posted: 7/28/2005 4:07:11 AM EDT
[#19]

Quoted:

Quoted:
also, how can a car have 2 drunk drivers?  That's phucked up. One or both of the women will walk I bet



Switch drivers. I made an arrest like that before.



Me too.  

Borracho #1 was driving home and crashed into a planter.  Borracho #2 was the passenger prior to the collision, but following the collision he decided to try to drive the wrecked car out of the planter.  They both went to jail for DUI.    
Link Posted: 7/28/2005 4:27:22 AM EDT
[#20]



punishment should fit the crime.

they pushed a car into some other guys car and dented it up (i'm assuming).

hit them with vandalism and public intoxication.

my .02.
Link Posted: 7/28/2005 4:41:48 AM EDT
[#21]

Quoted:


punishment should fit the crime.

they pushed a car into some other guys car and dented it up (i'm assuming).

hit them with vandalism and public intoxication.

my .02.



Their crime was DWI, not vandalism.  As far as I'm concerned, they were both driving, operating, and in physical control of that car when they crashed and were charged appropriately.

If you guys feel so strongly that this is bullshit, take up a collection, pay for FLAL1A's attorney's fees and plane ticket to Indiana, and have him go up there and defend the two drunk drivers.
Link Posted: 8/16/2005 9:54:28 AM EDT
[#22]

Quoted:
Sounds to me like the driver made a good decision.  He realized he was impaired and stopped.  Now I don't know what "crucified" means in this context, but I think he should have gotten a very minimal sentence if anything because he STOPPED driving when he realized he was impaired.  



"If anything" the dip-shit should not have even gotten behind the wheel of his car in the first place if he realized he was impaired.

Alittle bit of common sense goes along way....
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