Posted on 04/25/2017 3:10:22 PM PDT by equaviator
BAZINGA !!
Somebody gonna need some ice
“Seems like overreach by cops.”
Happens when your neighbors have to make multiple calls to the police.
See post 35.
If the part about “including an area designated for the parking of vehicles” had not been included - then Rea gets off.
But his private property driveway IS designated for the parking of vehicles.
So he’s busted.
“I’ve seen it written that if the keys are in the ignition it can be called “drunk driving”. “
You don’t even have to have the keys in the ignition. No one is going to bother you on your own property unless you are an idiot like this guy.
But if you are found drunk on the side of the road in your car with the keys in your pocket ...
Not under these conditions. I am in no way clueless. Seems to me you are the nose-picker.
Cop screwed up, sited him for the wrong offense, he needs to lawyer up and get it tossed !
“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!”
Damned straight!
MV Statues are NOT written for Private Property.
Give it up you lost.
I just remembered his defense. He said he was not operating or in control of a motor vehicle because he only started the truck to take a nap to sober up. He needed the AC in the Phoenix heat.
The jury had a discussion about what “control” meant.
“Who keeps appealing it?
My guess is the local prosecutor.”
A very “uppity” local prosecutor.
No, the garage is intended for the parking of his vehicles. The driveway is to get to his garage.
If you read down further in the Appellate Court decision, they comment that if he were at an apartment building parking lot their ruling would have been different.
He did get it tossed.
Twice.
He is so screwed.
Even if the car is not running but the key is still in the ignition you can cited for DUI. My old roommate who was a cop always told me to place the keys behind the drivers left front tire if you plan to pull over and sleep it off.
I had this happen to me outside a club in Philly, even though I hadn’t been drinking. I had just worked a 16 hour shift and went as the designated driver. I was asleep and the state trooper knocked on my window. Since I didn’t have the key they let me go.
This guy needs to lawyer up and see if this could be reduced to a Disturbing the Peace type of misdemeanor.
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4th Amendment all the way. They have NO proof after the first call on loud music. I’d look at the “neighbor” seriously!
No mention is made of the hour this occurred. It was NOT the middle of the night according to the court record.
A man’s home is his castle!
MV Statues are NOT written for Private Property.
Give it up you lost.
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Wrong. If you’re drunk in your car in a WalMart (Private Property) are you not going to jail for DWI?
Of course you are. You seem to think your private property driveway is different. But I’ve already shown you the state law that says otherwise.
Is the law wrong? You can argue it is. But none of this matters now to Rea. He is screwed.
No, the garage is intended for the parking of his vehicles. The driveway is to get to his garage.
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Well yeah. But the cops caught him PARKING in his driveway. Picking nits for sure. But that’s what they do.
This guy needs to sue the neighbor. The cops make no mention of noise on the 2nd and 3rd visit. He needs to defend on the 4th Amendment.
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