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Car Passenger charged with DUI...

Originally posted by: Whoozyerdaddy
He was drunk and operating a vehicle. Makes sense.

The driver should have been cited for reckless driving.
Click to expand...

so, if your passenger is drunk, and i feel like making money, i can say that you were holding the steering wheel?
 
A state trooper says Derek Pittman had reached over and was steering the car while the driver was taking a bite of a sandwich that he was holding in both hands.
Click to expand...

That's one big ass samich.
 
Originally posted by: MIKEMIKE
Originally posted by: Whoozyerdaddy
He was drunk and operating a vehicle. Makes sense.

The driver should have been cited for reckless driving.
Click to expand...

so, if your passenger is drunk, and i feel like making money, i can say that you were holding the steering wheel?
Click to expand...

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...
 
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.....
 
Originally posted by: QED
Originally posted by: MIKEMIKE
Originally posted by: Whoozyerdaddy
He was drunk and operating a vehicle. Makes sense.

The driver should have been cited for reckless driving.
Click to expand...

so, if your passenger is drunk, and i feel like making money, i can say that you were holding the steering wheel?
Click to expand...

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...
Click to expand...


Pittman's attorney says the man in the driver's seat wasn't given a sobriety test -- and besides, he never took his hand off the steering wheel, so the charge should be thrown out.
Click to expand...


 
Originally posted by: MIKEMIKE
Originally posted by: Whoozyerdaddy
He was drunk and operating a vehicle. Makes sense.

The driver should have been cited for reckless driving.
Click to expand...

so, if your passenger is drunk, and i feel like making money, i can say that you were holding the steering wheel?
Click to expand...

If a cop feels like making money, they can say you were speeding by pacing and write you a ticket. What's your point?
 
A state trooper says Derek Pittman had reached over and was steering the car while the driver was taking a bite of a sandwich that he was holding in both hands.
Click to expand...

Pittman's attorney says the man in the driver's seat wasn't given a sobriety test -- and besides, he never took his hand off the steering wheel, so the charge should be thrown out.
Click to expand...

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.
 
Originally posted by: MIKEMIKE
Originally posted by: QED
Originally posted by: MIKEMIKE
Originally posted by: Whoozyerdaddy
He was drunk and operating a vehicle. Makes sense.

The driver should have been cited for reckless driving.
Click to expand...

so, if your passenger is drunk, and i feel like making money, i can say that you were holding the steering wheel?
Click to expand...

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...
Click to expand...


Pittman's attorney says the man in the driver's seat wasn't given a sobriety test -- and besides, he never took his hand off the steering wheel, so the charge should be thrown out.
Click to expand...
Click to expand...

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...
 
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.
 
Originally posted by: Thraxen
A state trooper says Derek Pittman had reached over and was steering the car while the driver was taking a bite of a sandwich that he was holding in both hands.
Click to expand...

Pittman's attorney says the man in the driver's seat wasn't given a sobriety test -- and besides, he never took his hand off the steering wheel, so the charge should be thrown out.
Click to expand...

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.
Click to expand...

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 know in nj you get a dui if:

Your in the passenger seat of your car drunk and whoever is driving gets a dui
Sitting/Sleeping in your car drunk
Even having your keys in the door and your drunk lol

NJ SUCKS!
 
Originally posted by: Fingolfin269
Is the 'Driving' portion of a DUI ambiguous? What constitutes 'driving' as far as the actual law is concerned?
Click to expand...

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...
 
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.
 
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