Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Michigan Supreme Court to decide if idling in driveway is drunken driving
Fox 2 Detroit ^ | APR 25 2017

Posted on 04/25/2017 3:10:22 PM PDT by equaviator

click here to read article


Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140141-156 last
To: donna
How do you think that drunk got his truck to the drugstore parking lot?

DOesn't really matter how the drunk got his truck there. Maybe a friend drove him that far, but didn't have time to go the rest of the way. He was sleeping it off, not endangering anyone at the time. I'm sure the state greatly appreciated the revenue you raised for them.

141 posted on 04/25/2017 9:22:46 PM PDT by zeugma (The Brownshirts have taken over American Universities.)
[ Post Reply | Private Reply | To 134 | View Replies]

To: jpsb
No, vulgar is using the f-word to express your poor self like a typical liberal woman does.
142 posted on 04/25/2017 9:39:35 PM PDT by donna (God's standards, like it or not, are the basis for the laws that led to western civilization.)
[ Post Reply | Private Reply | To 136 | View Replies]

To: zeugma

He admitted that he drove it. He admitted everything but thought he should get off because he was wise enough to take a nap before driving home.


143 posted on 04/25/2017 9:44:01 PM PDT by donna (God's standards, like it or not, are the basis for the laws that led to western civilization.)
[ Post Reply | Private Reply | To 141 | View Replies]

To: CraigEsq

“If you’re going to do that, you can do it legally”

Nah, I buy my beer from the store and then take it home.

One thing I have wondered about is if I get pulled over with two cases worth of loose empty beer cans in a partially open bag on the floor, would the cop assume that I’ve been drinking if he smells beer when I’m actually driving sober. Is that probably cause enough for the cop to render field sobriety tests? I hate taking the empties back and am always relieved when I finally have them out of the vehicle and have my deposit money back.


144 posted on 04/26/2017 2:28:39 AM PDT by equaviator (There's nothing like the universe to bring you down to earth.)
[ Post Reply | Private Reply | To 114 | View Replies]

To: fr_freak

“Not that it makes a (legal) difference, but the article stated that the cops were parked at the end of his driveway, blocking anyone from entering or leaving. He couldn’t have gone into the street if he’d wanted to.”


So, then, the cops themselves made the commission of the charged offense an impossibility. IMHO, case closed. Let’s see how the “smart” judges rule on this common sense case (and I’m an attorney).


145 posted on 04/26/2017 6:32:59 AM PDT by Ancesthntr ("The right to buy weapons the right to be free." A. E. van Vogt)
[ Post Reply | Private Reply | To 49 | View Replies]

To: Mollypitcher1

Yep. Stare decisis stuff. Judges’ broad interpretations of laws created when such over-reach was though-not-of.

For example, the statute for operating with a revoked licence made no mention of limitations...like operating on ones’ own property. A judge in MA noted that in a case....and interpeted it most liberally.


146 posted on 04/26/2017 1:37:21 PM PDT by dasboot (Nuanced foreign relations is the germ of international misunderstanding.)
[ Post Reply | Private Reply | To 121 | View Replies]

To: Mollypitcher1
Then speak to the legislatures that write the laws that allow enforcement on private property.

Ed

147 posted on 04/26/2017 2:16:41 PM PDT by husky ed (FOX NEWS ALERT "Generalissimo Francisco Franco is still dead" THIS HAS BEEN A FOX NEWS ALERT)
[ Post Reply | Private Reply | To 122 | View Replies]

To: donna

The law requires proof not speculation. Never mind it’s too hard for most.


148 posted on 04/26/2017 5:41:40 PM PDT by wgmalabama (I was for Sessions before the country knew his name.)
[ Post Reply | Private Reply | To 134 | View Replies]

To: husky ed

I have voiced issues with the governor and down to the county commission as well. As a matter of fact will be speaking on an issue regarding Constitution Rights that have been trod on by the county at a meeting in two weeks. It won’t be the first time and it won’t be the last.


149 posted on 04/26/2017 6:08:34 PM PDT by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
[ Post Reply | Private Reply | To 147 | View Replies]

To: wgmalabama

That’s what I said, within the law we found him guilty.

See how that works?


150 posted on 04/26/2017 6:24:01 PM PDT by donna (God's standards, like it or not, are the basis for the laws that led to western civilization.)
[ Post Reply | Private Reply | To 148 | View Replies]

To: Mollypitcher1
I happen to agree with you. But the way law is now. The drunk is screwed. The same way a gun owner is for a misdemeanor DV assault.
Btw; I worked in LEO for 10 years before an injury.

Ed

151 posted on 04/26/2017 11:00:22 PM PDT by husky ed (FOX NEWS ALERT "Generalissimo Francisco Franco is still dead" THIS HAS BEEN A FOX NEWS ALERT)
[ Post Reply | Private Reply | To 149 | View Replies]

To: husky ed

Thank you for your service to Law and Order in this country. We are losing it because people let the left get away with destroying our liberties and then whine about it but do nothing. Private Property Rights, is a particular target of the Globalists, the believers that the UN should rule the world, and they are determined that Communism be the end all political champion. Some may play around with the “Socialism” argument, but if they read the Communist Manifesto, or know any of the tenets of the long string of monsters who advocated the Communist Regime for the world, they will recognize Communism is not dead, but is the root of all our troubles. Everyone should read Agenda 21. The destruction of American life is spelled out clearly enough for even the most obtuse person to comprehend the agenda.
Thanks for defending our laws as they were written. Activist judges must be removed from the bench or Liberty is doomed.


152 posted on 04/27/2017 5:29:14 AM PDT by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
[ Post Reply | Private Reply | To 151 | View Replies]

To: equaviator; All
The Supreme Court ruled today...

Northville man can be charged with DUI for drunken driving in own driveway (Supreme Court Update)
Click on Detroit ^ | 07/25/2017 | By Mara MacDonald - Reporter , Derick Hutchinson

Posted on ‎7‎/‎26‎/‎2017‎ ‎10‎:‎54‎:‎09‎ ‎AM by Responsibility2nd

NORTHVILLE, Mich. - The Michigan Supreme Court ruled Tuesday that sitting in a car in your own driveway while drunk constitutes drunken driving.

A Northville man questioned whether he could be ticketed for a DUI in his own driveway after he was found behind the wheel and going in and out of his garage, but not off his property.

The driveway DUI case had been ping ponging between courts and finally ended up in front of the Michigan Supreme Court for a final decision. At issue was a Northville man busted for being drunk and driving in and out of his garage on his own property.

Police were called to the man's home on noise complaints and watched him. They later found his blood-alcohol level to be three times the legal limit.

The court ruled that, yes, the man can be given a DUI in his own driveway.

What the justices had to answer was whether the driveway was generally accessible to other motor vehicles. They overruled a lower court's opinion and said yes.

 

153 posted on 07/26/2017 8:55:42 AM PDT by Responsibility2nd
[ Post Reply | Private Reply | To 1 | View Replies]

To: EVO X

Yup. It is about furthering a career.

Just ask Nifong.


154 posted on 07/26/2017 9:25:16 AM PDT by robroys woman
[ Post Reply | Private Reply | To 36 | View Replies]

To: Responsibility2nd

He’s been to court twice before, and two courts threw the charge out.

This appeal is being made by the state, not the defendant.


155 posted on 07/26/2017 9:26:34 AM PDT by MortMan (Nobody goes there any more. It's too crowded! [Y. Berra])
[ Post Reply | Private Reply | To 71 | View Replies]

To: Responsibility2nd

But they can’t put a bus stop for school kids at the end of my driveway, right? It would have to be at a street corner, right?


156 posted on 07/26/2017 5:32:08 PM PDT by equaviator (There's nothing like the universe to bring you down to earth.)
[ Post Reply | Private Reply | To 153 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140141-156 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson