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

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VirtualLarry

No Lifer
Aug 25, 2001
56,587
10,225
126
Originally posted by: Scouzer
If I'm just sitting in my car, I put the keys in the ignition just so I don't lose them.
He can try to appeal, but yes he broke the law. Stupid as fvck, but the law...
In this state, all sexual positions other than "missionary" are against the law. So would it be acceptable, for cops to start knocking on people's doors, or peering into windows, in order to "catch them in the act", just to uphold the law? Keep in mind that modern police cars are now fitted with military-grade infra-red "night vision" turrets, they can actually see humans inside houses, through the walls. So they do have the technology to simply drive down the street and enforce those laws. Should they? I mean... after all... "it is the law!"

 

VirtualLarry

No Lifer
Aug 25, 2001
56,587
10,225
126
Originally posted by: AndrewR
It's always easier to enforce the letter of the law than actually taking into account the spirit of it. Theoretically, the justice system as a whole should work it out to enforce the spirit through a trial and lawyers, but it doesn't happen.
Yes, and it's also much, much easier, for them to pick on weaklings, rather than go after "the real criminals", because that would take "real work". How many times have you see *actual* drunk-driving, on the roads, and they don't get busted? Cops are like anyone else, they'll take the easy way out, and pick on the most defenseless victims first, and then try to justify their actions after the fact. It's really sickening, and it's no wonder that they have developed an "us vs. them" mentality, seeing as how the citizenery has lost respect for them.
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
When i was in the Air Force one of the troops i supervised was a grease monkey on his time off. he spent his off time with some racing team working on a race car. Well one Friday night they won a race and went back to the shop and celebrated. It got loud, but before it got loud enough for the neighbors to bitch and call the cops, my troop was already piss drunk and was passed out in a car with the keys in the igniton. well when the cops got there to break up the party they saw my troop passed out in the car and arrested him for DUI. but the kicker is the car DID NOT HAVE A ENGINE IN IT!!!! he still had to see the judge and he brought proof that the car was totally inoperable and the judge threw out the carges.
 

mzkhadir

Diamond Member
Mar 6, 2003
9,509
1
76
something like this was on Everybody loves raymond. His wife was sitting behind the wheel, drunk and dozed off with the key in the ignition and she got a dui.
 

jagec

Lifer
Apr 30, 2004
24,442
6
81
Originally posted by: VirtualLarry
Keep in mind that modern police cars are now fitted with military-grade infra-red "night vision" turrets,

military-grade? haha, no.
 

Jmmsbnd007

Diamond Member
May 29, 2002
3,286
0
0
Thanks for the updates, some interesting responses. As for why his key was in the ignition, I don't know. Probably habit, but he had absolutely no intention of driving. Hence the asleep in the back seat with a blanket on him :eek:
 

MrCodeDude

Lifer
Jun 23, 2001
13,674
1
76
What happends if it's like this:

You get really drunk at a bar. Some guy is like, "Here buddy, let me help you out." Kidnaps you, throws you in the trunk, drives your car somewhere, ditches your car. The cop comes, the key is in the ignition and your BAC is high. You guys are saying he can get a DUI for that?
 
Feb 10, 2000
30,029
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The key here is that he was in actual physical control of the car. He would likely have had better odds had he put the keys in the trunk, or somewhere else out of his immediate control. For my part, I'd rather the law was not enforced this way, but under the facts as you describe them, he probably IS guilty of DUI. There's a good chance the prosecutor will let him broker a deal to plead to some lesser offense, since this is a DUI in name only IMO.
 

GroundZero

Diamond Member
Oct 17, 2002
3,669
1
0
it is called phtsical control.
if you have the keys and are in the car hammered or sleeping it off, you are screwed.

especialy if the keys were in the ignition....

 

RaiderJ

Diamond Member
Apr 29, 2001
7,582
1
76
Originally posted by: Nebor
Originally posted by: illustri
Originally posted by: Nebor
The police are basically encouraging people to drive drunk by citing people like him.

hows that?

He takes an equal chance of getting a DUI whether he chooses to sleep it off or to try and drive home.

Yup. If fact, sitting in one spot probably increases your chances of getting a DUI. It's sad that most people don't even realize that you can get into trouble this way - and those who do most likely had nothing but the best of intentions (not driving drunk).
 
Nov 5, 2001
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My friend got a DUI once while passed out in his apartment. He drove home drunk, hit the curb in the parkinglot hard, and it popped his airbag and the honk got stuck on. He stumbled upstairs and passed out in his apartment. The cops woke him up and cuffed him. Sucks to be him, but it was stupid for him to drive home....
 

EyeMWing

Banned
Jun 13, 2003
15,670
1
0
Originally posted by: VirtualLarry
military-grade infra-red "night vision" turrets, they can actually see humans inside houses, through the walls. So they do have the technology to simply drive down the street and enforce those laws. Should they? I mean... after all... "it is the law!"

Uhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh...

No. They don't. Police HELICOPTERS barely have useful IR systems, much less the CARS. And even in that care, they have trouble seeing through cold BRUSH, much less through warm houses.
 

CTrain

Diamond Member
Sep 26, 2001
4,940
0
0
Thank God I know it now.
I've slept in my car in the bar's parking lot many many times.
I've also drove a little bit before pulling off the road and sleep in the car.

I'm one of the people that thought DUI means DRIVING.....I know better now.
 

bugsysiegel

Golden Member
Jan 11, 2001
1,213
1
81
Originally posted by: Nebor
The police are basically encouraging people to drive drunk by citing people like him.


True, sad, but true. They burn you if you try walking home instead of driving too.




 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
Originally posted by: jagec
Originally posted by: VirtualLarry
Keep in mind that modern police cars are now fitted with military-grade infra-red "night vision" turrets,

military-grade? haha, no.

ummm yea. the ones that the cops have on their patrol cars are much better then the ones we had securing nuclear storage areas. I got a close look at one yesterday, its made by raytheon and is very slick.
 

rudder

Lifer
Nov 9, 2000
19,441
86
91
Originally posted by: Zim Hosein
Originally posted by: CTrainBEB
i'd definatly appeal it. such bs, must have been a dick cop

Yep, the cop is a di*k for following the law :roll:

I drove by a cop using radar while I was driving 78 in a 70 mph zone. I was breaking the law. But the police officer used his discretion to wait on a driver that was traveling faster than me.

The driver that tired to sleep it off in the back seat of his car did a good thing rather than attempt to drive. The police officer could have woken up the driver and made him call soemone to pick him up inl lieu of charging him with DUI.

The police have discretion in enforcing the law. We do not have the whoe story. Maybe the cop tried to wake him up and he was beligerant towards the cop. Sure people shouldn't drink and be near motor vehicles, but I think in case it appears the police could have handled the situation differently.
 

DongTran

Platinum Member
Jan 2, 2001
2,277
0
76
moral of the story, sleep in your car, hide your keys, and tell the cops your friends took the keys :)
 

GRIFFIN1

Golden Member
Nov 10, 1999
1,403
6
81
Originally posted by: DongTran
moral of the story, sleep in your car, hide your keys, and tell the cops your friends took the keys :)

They will probably find the keys when they start searching your car for guns and drugs. Once they find out you lied to them, they will zap you with the tazer and kick out all your teeth.
 

maziwanka

Lifer
Jul 4, 2000
10,415
1
0
in this case your friend should most definitely contest it.

despite what the law says, he will get a reduced fine/sentence.
 

smc13

Senior member
Jan 5, 2005
606
0
0
Originally posted by: Nebor
Originally posted by: illustri
Originally posted by: Nebor
The police are basically encouraging people to drive drunk by citing people like him.

hows that?

He takes an equal chance of getting a DUI whether he chooses to sleep it off or to try and drive home.

No. If he didn't put the keys in the ignition he wouldn't have a dui. Of course, he could have just not gotten drunk in the first place or he could have called a cab or gotten someone else to drive him home.
 

isasir

Diamond Member
Aug 8, 2000
8,609
0
0
Definitely sounds silly, but I can understand it. It's common knowledge that cops will hang around certain bars close to closing time and follow anyone walking towards a car. As soon as a visibly drunk individual puts the key in the lock, or tries to open the driver's side door to the car, a cop will nab him. It is highly likely that your friend opened the driver's side door at some point in order to put the key in the ignition, so this makes sense that he'd be ticketed for DUI.
 

PingSpike

Lifer
Feb 25, 2004
21,765
614
126
I think we had a similar case to this around here. They guys car was on I think because he wanted the heater running or something. The case was thrown out in court.

But then again, I don't live in california. So he's probably fvcked.
 

Doboji

Diamond Member
May 18, 2001
7,912
0
76
Originally posted by: fisher
all you wanna be freedom fighters need to find a better cause to support while "fighting the man" because drunk people in cars are bad news, passed out or otherwise. what if someone passes out drunk in their car, wakes up in the middle of the night turns the car on and runs over someone while still in a drunken stupor? having the keys in the ignition make it that much easier.

go whine about something else, leave this one alone.


You're a fvcktard.... Thats like saying noone should own guns, because it makes it that much easier to shoot someone. The law says you are not allowed to drive under the influence. This guy DID NOT DRIVE UNDER THE INFLUENCE.... thus him getting arrested and charged with a DUI is bullsh!t. Or maybe we should start charging people who look like they're thinking about breaking a law? DIAF

-Max