Car Passenger charged with DUI...
- Thread starter MikeMike
- Start date
Whoozyerdaddy
Lifer
- Jun 27, 2005
- 19,216
- 1
- 61
He was drunk and operating a vehicle. Makes sense.
The driver should have been cited for reckless driving.
The driver should have been cited for reckless driving.
cKGunslinger
Lifer
- Nov 29, 1999
- 16,408
- 57
- 91
so, if your passenger is drunk, and i feel like making money, i can say that you were holding the steering wheel?
Mike, I know you are smarter than this.
Of course you can say the passenger was holding the steering wheel, but if he denies it, it is your word against his and versus what the cop actually witnessed. I'm guessing in this situation the passenger admitted holding the wheel.
I think the ticket was deserved...
5to1baby1in5
Golden Member
- Apr 27, 2001
- 1,245
- 106
- 106
What's the propblem here? The driver let the drunk steer the car. Even sober I don't think it's a good idea to, one, be eating while driving or, two, allow a passenger to steer your car. Both should get tickets.
Sometimes I wonder if bored cops just make up stories to see if they can get someone convicted of it. How could he tell from behind that the guy had both hands off the wheel? Also, whats to say the passenger didnt jsut save both their lives cause his dumbass friend was actually eating a sandwhich wiht both hands and he tried to keep the car on the road. Damn...now I'm hungry.....
If a cop feels like making money, they can say you were speeding by pacing and write you a ticket. What's your point?
So we have the cop saying he did remove his hands from the wheel and the lawyer saying he didn't. Considering we have a drunk passenger and a driver eating large sandwhich while driving I'm inclined to believe the cop.
But notice he doesn't deny he held the steering wheel, or that his friend was otherwise occupied with a large sandwich-- even if his hand was still technically on the steering wheel.
If he denied ever holding the steering wheel, that would be one thing. But that's not the case here...
Don Vito Corleone
Elite
- Feb 10, 2000
- 30,029
- 67
- 91
I understand the legal theory behind this (most jurisdictions define DUI as "being in control of a motor vehicle," so even passing out in a parked car can constitute DUI as long as the person has control of his keys), but I see it as overzealous work by the prosecutor.
My guess (and it's sheer conjecture) is that the cop walked up and said he noticed the car swerve, and either the driver or passenger or both blurted out that the passenger had briefly held the wheel steady. While this might technically meet the elements of DUI, I imagine the driver ASKED his drunk friend to hold the wheel, and it seems to me the passenger's decision to do so is far from being the same decision a true drunk driver makes to drive while impaired. A DUI has severe consequences that, IMO, this guy just doesn't deserve.
My feeling is that the driver should be cited for reckless or careless driving, and the passenger not charged at all.
My guess (and it's sheer conjecture) is that the cop walked up and said he noticed the car swerve, and either the driver or passenger or both blurted out that the passenger had briefly held the wheel steady. While this might technically meet the elements of DUI, I imagine the driver ASKED his drunk friend to hold the wheel, and it seems to me the passenger's decision to do so is far from being the same decision a true drunk driver makes to drive while impaired. A DUI has severe consequences that, IMO, this guy just doesn't deserve.
My feeling is that the driver should be cited for reckless or careless driving, and the passenger not charged at all.
Fingolfin269
Lifer
- Feb 28, 2003
- 17,948
- 31
- 91
Is the 'Driving' portion of a DUI ambiguous? What constitutes 'driving' as far as the actual law is concerned?
I don't think it matters whether or not the driver had his hands on the steering wheel or not. Either way, neither the drunk passenger or the driver deny that the passenger did indeed control the wheel for a brief period of time-- at least, if they did it's not mentioned in this article.
I believe in most jurisdictions it's technically not Driving Under the Influence, rather, it's Operating a motor vehicle under the influnce.
And the term "operating" can have a very broad range of interpretations...
moshquerade
No Lifer
- Nov 1, 2001
- 61,504
- 12
- 56
they both should be charged.
and why wasn't the driver given a sobriety test too?
will be interesting to see the outcome of this. i can see it going either way.
and why wasn't the driver given a sobriety test too?
will be interesting to see the outcome of this. i can see it going either way.
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