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DUI when you're asleep in your non-moving car?

J

Jmmsbnd007

Diamond Member
I have a friend who was asleep in his car after a night of fun (California). The keys were in the ignition (but the car was not on). He was woken up in the middle of the night by cops who breathalyzed him and it read a .1, and he was charged with a DUI/license suspended for a year, etc. If he were to contest it, would they throw it out? He was asleep in the back seat under a blanket, and I could've sworn DUI stood for driving under the influence (G_G laws).
 
Originally posted by: Sluggo
APC, in actual physical control of the vehicle.

DUI in most instances.
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Yeah, that sucks. But does it count as physical control if he's asleep with a blanket over him in the back seat?
 
Originally posted by: Jmmsbnd007
Originally posted by: Sluggo
APC, in actual physical control of the vehicle.

DUI in most instances.
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Yeah, that sucks. But does it count as physical control if he's asleep with a blanket over him in the back seat?
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In NYC, if the keys are in the ignition, I could be in the trunk asleep and I'd still lose 🙂
 
Originally posted by: illustri
Originally posted by: Nebor
The police are basically encouraging people to drive drunk by citing people like him.
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hows that?
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He takes an equal chance of getting a DUI whether he chooses to sleep it off or to try and drive home.
 
Had a friend in the same situation... she was in a bad place and needed to leave so she drove a bit up the road from where she was, pulled over and feel asleep... what she didn't realize was that she parked right across the street from a police station. She was there for a few hours before they took her in but she still got a DUI.
 
If the keys were not around his person or around said item of vechiculure activity then all would be OK.

Unfortunalty the 5-0 were being the usual pigs and running by the law which states that he has the possibilitly of driving whilst DUI.

Therer are a few bars here where you have to leave your keys behind the bar, top get them back you have to pass a breathaliser test
 
I got caught in the parking lot of a bar once and I had the keys in the ignition. I was drunk as hell and the ignition was on. The cop told me to roll down the windows and put the keys on the roof.

Cool cops = :thumbsup:
 
Was he parked where he had been drinking or had he driven after drinking and then pulled over? Unless it was the first then he deserves what he gets. Last time I checked, just because you don't catch a person in the act of murder doesn't mean they get to walk.
 
Originally posted by: Delleet
Was he parked where he had been drinking or had he driven after drinking and then pulled over? Unless it was the first then he deserves what he gets. Last time I checked, just because you don't catch a person in the act of murder doesn't mean they get to walk.
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#1
He knew that he was too intoxicated to drive so he just went to sleep in the car.
 
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