Posted on 04/25/2017 3:10:22 PM PDT by equaviator
You obviously know nothing about Michigan.......
Michigan helped give you Trump whether you liked it or not..........
OK, I see your point. That’s probably why they have a better case with a DWI charge.
Even on your private property - I bet they can find a law prohibiting drunk driving ANYWHERE in the state.
This guy needs to lawyer up and see if this could be reduced to a Disturbing the Peace type of misdemeanor.
“Sounds about right for the Peoples’ Republic of Michigan...”
Sounds about right for the “People’s Republic of Anywhere in the USA Today” to me. And yet, we have judges who are all “wee weed up” about our President trying to make our country safe again. Something is seriously wrong with this picture.
Not on a public road, no jurisdiction.
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.
Charge him with disturbing the peace or failing to follow and officer's reasoned instruction.
Going for the drink driving charge is not reasoned.
It could affect him in a number of adverse ways, and he wasn't doing that.
He doesn't get high marks for not complying, but it does seem he tried to change the situation with the car to avoid disturbing his neighbors too.
I would argue that he should be charged with Public Intoxication.
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You’re part of the problem!
He was ON HIS OWN PROPERTY! That is NOT “Public.”
What’s bizarre is - per the article - TWO courts have already dismissed this charge.
Who keeps appealing it?
It seems they did actually give the guy a warning. On the third time, they arrested him.
I still think the charge leveled was unsustainable.
My comment about private property was wrong if he was disturbing the peace in the middle of the night.
They got called three times for,this,
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The cops only heard the loud music once. A jealous neighbor can call in anything but where is the proof? One out of three? He was just trying to make trouble for his neighbor. NOT GUILTY!
It could be argued that he INTENDED to exit the driveway and thereby drive while intoxicated.
But while backing out - he saw the cops drive up blocking his exit - and so stopped his intent to DWI and headed back into the house.
BTW: You are right about the private property remark.
It was irrelevant.
If you’re disturbing the peace they can approach you and get you to stop it.
Sorry to have goofed up on that part.
You seem to lean in my direction on the rest, in part.
Take care.
I think that is a reasoned thought, but it seems he was on the back side of his property away from the street when arrested.
Still, he WAS being a bonehead.
Good thing you’re not my neighbor. Spoilsports are a dime a dozen. PRIVATE PROPERTY IS TOTALLY RELEVANT! WHY is he being sent to court a THIRD TIME? He has been acquitted twice!
No mention of the key was made and he was still on his own property and IN his own property, NOT ON A PUBLIC ROAD!!!
From your link....
The prosecution charged defendant with operating while intoxicated, MCL 257.625(1).
The statute provides in relevant part:
A person . . . shall not operate a vehicle upon a highway or other place
open to the general public or generally accessible to motor vehicles, including an
area designated for the parking of vehicles . . . if the person is operating while
intoxicated.
I believe the key phrase here is "including an area designated for the parking of vehicles".
His driveway may very well be private property. But is most certaiinly is such an area that one cannot drive while intoxicated.
My guess is the local prosecutor..
How can it be public intoxication if he’s in his house or on private property? He was only on his driveway or in his yard.
He was falsely charged and should get some kind of compensation.
You are clueless. You really don’t know you can be arrested for DWI on private property?
Private property rights prevail.
You are correct, of course. Nevertheless, it is in the Tyrant’s interest to find a way to determine otherwise. The INjustice System Beast must be fed.
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