Florida Cops Charge Man For DUI - While Sitting In An "Inoperable Vehicle" - Page 2

Site Notices

[ARCHIVED THREAD] - Florida Cops Charge Man For DUI - While Sitting In An "Inoperable Vehicle" (Page 2 of 3)

Posted: 8/9/2011 6:17:23 PM EDT

[#1]

DUI for drunk riding a bicycle.
DUI for drunk riding a horse.
DUI for drunk riding a lawnmower.
DUI for being drunk in a parked running car.
What does the "D" stand for again? It isn't PUI.

As much as I venomously HATE drunk drivers, I'd vote not guilty on all of them.

The intent was DRIVING.

Posted: 8/9/2011 6:18:39 PM EDT

[#2]

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.

What? The only way I can see that it could be worse is if you could arrest for "looking at beer with intent to drive," or "driving while thinking about drinking."

Posted: 8/9/2011 6:18:55 PM EDT

[#3]

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.

Several examples of what is fucked up with our system.

Posted: 8/9/2011 6:19:34 PM EDT

[#4]

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.

They don't seem to make judgement calls anymore, they fervently arrest anyone who they can charge with something, anything...so it seems.

"Tell it to the judge!"

Posted: 8/9/2011 6:19:40 PM EDT

[#5]

Quoted:

Quoted:
I had a friend in college get arrested for sleeping in his car drunk after the bars closed... One catch, he didn't have the keys to the car.

He still got nailed for it though.

IMO it's pure bullshit that he was trying to do the right thing and still got hung out to dry.

Fuck the Oswego PD in NY.

I know a guy in Alaska who got arrested for sleeping it off in his back seat outside the bar , he had the engine running because it was -30 outside. He was passed out cold till super trooper woke him up.

I hope he was acquitted. I've known people who have pulled over and parked in a lot when they've realized they were too drunk to drive in FL, when approached by an officer to ask what they were doing in such and such parking lot, the guy told the officer he'd realized he'd had too much to drink and decided it was best to stop and suffer through waiting until the morning. The officer thanked him and went on his way.

There's an endless supply of drunk drivers to give DUIs to; arresting someone who's suffering through the discomfort of waiting it out to sober up is just plain wrong.

Posted: 8/9/2011 6:20:01 PM EDT

[#6]

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.

Posted: 8/9/2011 6:20:27 PM EDT

[#7]

Used to sleep it off in the cab of the truck on occasion. I'd crawl into a sleeping bag and go to sleep. Never knew it was illegal.

Posted: 8/9/2011 6:20:55 PM EDT

[#8]

Quoted:

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.

Several examples of what is fucked up with our system.

I agree, but I was trying to make the point of, it could be worse. I don't agree with a lot of shit I have to deal with, but I have a family to feed, and I follow the law with major discretion. Maybe this is the reason I have made it so far in my career.

Posted: 8/9/2011 6:21:22 PM EDT

[#9]

Also, there's a bar I frequent where there's always a younger handicapped guy on a scooter getting wasted. My friend looks at me and says, "if you can get a DUI on a tractor or a lawnmower, can he get a DUI?" It made me think –– I mean, I guess technically yes, but you'd have to be a fucking heartless SOB to give a crippled guy confined to a Lark a DUI.

Posted: 8/9/2011 6:26:28 PM EDT

[#10]

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.

Broken down in Walmart parking lot for previous 12 hours.

On private property. Huh. Interesting.

Posted: 8/9/2011 6:30:36 PM EDT

[#11]

Posted: 8/9/2011 6:31:01 PM EDT

[#12]

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 wish I had your crystal ball and keen time traveling skills.

Posted: 8/9/2011 6:31:57 PM EDT

[#13]

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.

well then we'd arrest him for that. its not a crime to eat a salad and drink an icehole while sitting in a car that doesn't run.

Posted: 8/9/2011 6:32:05 PM EDT

[#14]

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.

Florida DUI law:

316.193 Driving under the influence; penalties.—
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

and definition of vehicle:

(21) MOTOR VEHICLE.—Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

(75) VEHICLE.—Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

[s]
An inoperable vehicle is not self-propelled. So I think that they do have to prove that it was operable.

ETA: Whoops, found the definition of vehicle.

Posted: 8/9/2011 6:36:05 PM EDT

[#15]

Quoted:

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

In the 80's we owned a bar and I saw a lot of people get busted for sitting in their car with out ever starting it.

I saw a guy pulled from the back seat curled up sleeping it off, he locked the keys in the trunk to ensure he wouldn't be tempted to drive off drunk before morning.

He beat it but he paid for the ride, $7500.00 for the court case and then the appeal they had to file when the municipal court judge found him guilty.

The appeals court over turned it though.

Posted: 8/9/2011 6:36:36 PM EDT

[#16]

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.

I'll get hooked up for refusing a golden shower from you?

Posted: 8/9/2011 6:36:36 PM EDT

[#17]

Years ago, my brother sat on a jury where they had to decide if a guy was guilty of DUI. This (drunk) guy was at a boat ramp with his buddies waiting in line to launch (he was a passenger in the truck).There was a woman trying to back down the ramp and it was causing a lengthy backup. This guy got frustrated and went over and tried to help by reaching into the lady's window to turn the wheels straight. A fish cop who was watching the whole thing ran over and arrested him for DUI. He was acquitted.

Posted: 8/9/2011 6:37:01 PM EDT

[#18]

Quoted:

I had a friend in college get arrested for sleeping in his car drunk after the bars closed... One catch, he didn't have the keys to the car.

He still got nailed for it though.

IMO it's pure bullshit that he was trying to do the right thing and still got hung out to dry.

Fuck the Oswego PD in NY.

Holy smokes , look at my later post

Posted: 8/9/2011 6:38:39 PM EDT

[#19]

Quoted:

You'd tag 'em and bag 'em, wouldnt you.

Posted: 8/9/2011 6:38:41 PM EDT

[#20]

Quoted:

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

In the 80's we owned a bar and I saw a lot of people get busted for sitting in their car with out ever starting it.
I saw a guy pulled from the back seat curled up sleeping it off, he locked the keys in the trunk to ensure he wouldn't be tempted to drive off drunk before morning.
He neat it but he paid for the ride, $7500.00 for the court case and then the appeal they had to file when the municipal court judge found him guilty.
The appeals court over turned it though.

And right there, they just insured that another person out there stops giving a shit about the law or it's enforcers. That friends is the very definition of breeding contempt.

Posted: 8/9/2011 6:40:34 PM EDT

[#21]

Quoted:

Title is misleading. Cops don't charge individuals. Prosecutors do.

Not in all states

In Pa State Troopers file some charges themselves with the Local Magistrate

Posted: 8/9/2011 6:41:01 PM EDT

[#22]

Snip

I'll get hooked up for refusing a golden shower from you?
[/quote]

Maybe

Well see how the second time goes.

Posted: 8/9/2011 6:45:39 PM EDT

[#23]

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?

Posted: 8/9/2011 6:46:22 PM EDT

[#24]

I figured they were going to say it didn't even have an engine.

Posted: 8/9/2011 6:47:50 PM EDT

[#25]

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?

They have to prove whatever the elements of the crime are. Are you familiar with the requirements to prove this case under Florida law?

Posted: 8/9/2011 6:49:49 PM EDT

[#26]

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?

They have to prove whatever the elements of the crime are. Are you familiar with the requirements to prove this case under Florida law?

Nope, sorry

Posted: 8/9/2011 6:50:39 PM EDT

[#27]

This thread has been highly informative and reenforces my feelings that most people are complete morons.

Good acquittal.

I would love to see someone try to arrest me in my own field for drinking a bud while mowing the lawn.

You might get more than you bargained for. Better call SWAT.

Posted: 8/9/2011 6:51:03 PM EDT

[#28]

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.

Posted: 8/9/2011 6:53:11 PM EDT

[#29]

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?

Posted: 8/9/2011 6:53:46 PM EDT

[#30]

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.

Yea, what if?

What if I get drunk later while watching TV in my house?

What if I decide I might want to go for a ride and kill a buss load of nuns and orphans?

Better send a cop to my house now.

Posted: 8/9/2011 6:54:57 PM EDT

[#31]

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.

Broken down in Walmart parking lot for previous 12 hours.

On private property. Huh. Interesting.

A parking lot with 4 spots is enough for dwi in NY

Posted: 8/9/2011 6:55:43 PM EDT

[#32]

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.

Broken down in Walmart parking lot for previous 12 hours.

On private property. Huh. Interesting.

A parking lot with 4 spots is enough for dwi in NY

Really? Not 3 spots?

Posted: 8/9/2011 6:57:18 PM EDT

[#33]

Quoted:

You refuse Horizontal Gaze Nystagmus

WTF is this?

Posted: 8/9/2011 6:59:17 PM EDT

[#34]

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 you negligently/accidentally kill someone with your firearm?

Posted: 8/9/2011 7:00:07 PM EDT

[#35]

I've had a few pints this evening....just realized my truck keys were in my pocket.

Hope the cops don't come.

Posted: 8/9/2011 7:00:54 PM EDT

[#36]

Quoted:

Quoted:

You refuse Horizontal Gaze Nystagmus

WTF is this?

"Follow the pen with your eyes."

Posted: 8/9/2011 7:08:21 PM EDT

[#37]

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.

Posted: 8/9/2011 7:12:34 PM EDT

[#38]

Quoted:
Title is misleading. Cops don't charge individuals. Prosecutors do.

Technically, yes, but misleading title? You couldn't figure out what the thread was going to be about because said the cops charged him instead of the prosecutors?

Posted: 8/9/2011 7:38:42 PM EDT

[#39]

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.

God, not this again. Please don't base your entire case on HGN.

Posted: 8/9/2011 7:48:30 PM EDT

[#40]

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.

Broken down in Walmart parking lot for previous 12 hours.

Gotcha. In that case then the jury was correct.

Posted: 8/9/2011 7:51:00 PM EDT

[#41]

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?

Posted: 8/9/2011 7:56:09 PM EDT

[#42]

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?

They have to prove whatever the elements of the crime are. Are you familiar with the requirements to prove this case under Florida law?

Well, admittedly I'm not. However, what are the elements? Is it just a vehicle and a drunk guy? What if he were sitting in a car with no engine? If the car were not operable and the driver (albeit drunk) knew it was inoperable), how could there be intent?

Posted: 8/9/2011 8:00:18 PM EDT

[#43]

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.

Likely.. May have..

I see no concrete evidence of DWI. Does the phrase "beyond a reasonable doubt" mean anything to you?

Posted: 8/9/2011 8:01:23 PM EDT

[#44]

so what if a person has a couple beers while detailing their car in their driveway or garage?

they aren't driving and don't intend to, but are in and out of the vehicle and probably have the keys on them.

if a cop just happens on by and feels like making an issue out of it, from what i'm reading, that's a DWI??

Posted: 8/9/2011 8:04:10 PM EDT

[#45]

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?

They have to prove whatever the elements of the crime are. Are you familiar with the requirements to prove this case under Florida law?

The first element of DUI in Florida is either driving or being in actual physical control of the vehicle.

Actual physical control is "means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time." (from the Florida Standard Criminal Jury Instructions)

Posted: 8/9/2011 8:04:43 PM EDT

[#46]

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.

Likely.. May have..

I see no concrete evidence of DWI. Does the phrase "beyond a reasonable doubt" mean anything to you?

That phrase is the standard in which the DA must prove their case in court. Officers rely on this phrase called "probable cause". Ever heard of that one?

Posted: 8/9/2011 8:09:02 PM EDT

[#47]

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.

Is English your first language?

Serious question.

Posted: 8/9/2011 8:10:52 PM EDT

[#48]

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

Posted: 8/9/2011 8:12:48 PM EDT

[#49]

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.

What is the standard of likelihood without any evidence to prove the accusation? Is it 50% probable, higher or lower?

Based on your standard, I can arrest everyone in the vicinity of a bank robbery, because there is a 100% likelihood that one of them did it. We could also use comparative statistics. If there are 1,000 people in the vicinity of the bank robbery and 300,000,000 people in the country, then the odds are that anyone I arrest is 300,000 times more likely to have committed the crime than everyone else. In percentage terms, that's 30,000%, which is a sure thing. Hell, we don't even need a trial, that fucker is guilty!

Posted: 8/9/2011 8:14:04 PM EDT

[#50]

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.

So that's supposed to make the subjects without a badge feel better how exactly?

[ARCHIVED THREAD] - Florida Cops Charge Man For DUI - While Sitting In An "Inoperable Vehicle" (Page 2 of 3)

General » General Discussion

Warning

Confirm Action

About AR15.COM

Stay Connected

Newsletter

Contact Us