Posted on 04/25/2017 3:10:22 PM PDT by equaviator
Does a home driveway qualify for drunken driving? The Michigan Supreme Court is on the road Tuesday to hear arguments in the case of an Oakland County man who was arrested after operating his Cadillac in his driveway.
Gino Rea drove the car out of his Northville garage and then back into it. Police were at his home in 2014 because of complaints about loud music.
According to the lawsuit on the Supreme Court's website, Rea was drunk that March night in 2014 and went into his car to listen to some music. A neighbor called police and said it was too loud. When police arrived, they found him sitting in the car that was parked next to his house. An officer told him to turn it down and then left.
The neighbor called again to complain and when police returned, they did not hear any music and did not see the car. They left again.
A third call was made and the police returned to the home and parked at the end of the driveway, blocking anyone from entering or leaving the driveway. As they were walking up, police said the garage door opened on the detached garage and Rea backed down the driveway about 25 feet.
Rea then pulled back into the garage and then got out and began walking into his house. That's when police arrested him for drunken driving.
Rea was arrested while in the upper-portion of the driveway which is encompassed in the backyard/side-yard of the home.
Two courts have dismissed the drunken driving charge. The appeals court said Rea was in the upper portion of his driveway, an area that's generally not accessible to the public.
Debra Barone almost lost her license over this. The key is to prove intent to nap.
p r i v a t e . p r o p e r t y
Seems like overreach by cops. Maybe remedial education about 4th amendment would be useful for the cops. Loud music gets a warning before a citation as well.
Sounds about right for the Peoples’ Republic of Michigan...
Driveways are private and on private property. They are not public roads. The government does not fix my driveway when it needs repair. It is part of the land lot government taxes me on every year.
If you are idling parked by the sidewalk and on a public street... Drunk Driving.
If you are on your own driveway... Mind your Own F-—ing Business Copper!
Play Stupid Games. Win Stupid Prizes.
That said - I would - if on a jury - find him not guilty.
I would argue that he should be charged with Public Intoxication.
The loud music issue is different. They got called three times for,this, so he would have already had the warning.
I would not have gotten him on drunk driving. I would have issued a noise violation citation.
I agree but 3 times they were called. The rule is when you see cop take key out of ignition and throw in the back seat. Supposedly a way to get away with it.
p r i v a t e . p r o p e r t y
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Totally irrelevant point. When the cops are called THRE TIMES in one night - your azz is going to jail.
I think a Public Intoxication Charge would be more appropriate. But since the guy was being a drunk jerk - the cops tagged him with a DWI.
Sucks for him.
He was walking into his house...
In California, the crime is (or at least was) “drunk in or around a motor vehicle”. People have been busted for drinking beers while sitting on the hood of a parked car. (Remember when cars were made of thick enough steel that one could sit on a fender or hood without causing damage?)
Public Intoxication.......
My drive way is not Public Property,yours?
Since it is a pretty well-established principle that you can drive a vehicle on your own private property without a license (like on farms and ranches - it doesn’t make much sense to go up and down your driveway), then the same logic that makes the license inapplicable ALSO makes various traffic and safety laws inapplicable. This is private property, the law doesn’t govern what this guy did.
Now, if the rear tire went so much as an inch off of the driveway and on to the (public) street, then this guy would be toast. However, it is clear that he wasn’t THAT drunk, or he’d have gone into the street. He knew what he was doing, that’s pretty clear.
My sister (RIP) was arrested years ago in the parking lot of a liquor store. She was already drunk and the clerk wouldn’t serve her, and he called the cops. She was in her car in the lot, the keys on the seat as she contemplated her next move when the cops showed up.
“But, howze can theys arrest, um, arrest me for drunken driving - I’zzz was’nt driving - I don’t even had the keys in the ignishun!” (It is really hard to write like a drunk person speaks!)
But in your own driveway it shouldn’t be. Even if driving on the driveway. (Of course there might be other laws then, like driving drunk around the yard with your 2-year old next to you would be child endangerment, etc.)
They already made the decision, now they have to write the opinion. Courts are extremely biased in favor of the “control state,” they are paid by it. More business for them.
Here is the Appellate Court decision. http://www.michbar.org/file/opinions/appeals/2016/041916/62491.pdf
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