Posted on 04/25/2017 3:10:22 PM PDT by equaviator
I hope all your neighbors are as Gino Rea.
But I suspect YOU are a loud noisy drunk yourself. That’s why you defend this guy.
Didn’t see any mention of the hour in the court papers. Certainly not in the middle of the night.
Keys in the vehicle can be considered “care and control”. Only if the keys are outside the passenger compartment and out of the reach of the driver’s seat can keys be a possible defense.
“...open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles...”
Common sense tell me that property owners decide whether their driveways are “an area designated for parking”.
BULL! You are far into a raving imagination scenario. He “could have” done a lot of things. IN FACT he was walking to his own house when he was arrested.
The courts have dismissed the case twice.
“I’ve seen it written that if the keys are in the ignition it can be called “drunk driving”.”
When if they were technically correct about it, the charge would only be “Conspiracy to DWI”.
You can park in your yard but that does not make it an intended parking spot. We are talking intent here. He only parked where he did out of panic because the police illegally blocked his driveway. His car is intended to be parked in his garage.
open to the general public or generally accessible to motor vehicles,
.............................................
You lose. Private property driveways are NOT generally accessible to motor vehicles in the sense of the statute. So found the court!
“driveways are “an area designated for parking”.”
In Michigan, driveways are an area designated for snow-shoveling.
It ends only when people study and KNOW the LAW as well as the Constitution. Our liberties are nibbled away and we too often side with the rats who are doing the nibbling. KNOWING your rights is the first important thing and necessary for survival today.
“...open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles...”
Common sense tell me that property owners decide whether their driveways are “an area designated for parking”.
__________________________________________________
Yes. And Rea clearly decided his driveway was “an area...”. Since the cops caught him parking there - they get to use this letter of the law to convict him.
Or at least try. He’s been to court what? Two or three times. Now heading to the state Supreme Court?
I bet his lawyer bills are headed toward six figures.
Disappointed in you.
Yeah, I’m definitely for that!
open to the general public or generally accessible to motor vehicles,
.............................................
You lose. Private property driveways are NOT generally accessible to motor vehicles in the sense of the statute. So found the court!
________________________________________________________________________
I lose? I’m merely pointing out facts and the law. Which I see you now have found.
Yes, TWO courts have dismissed the DWI charge. Yet some prosecutor is sticking to this one aspect of the law and now Rea is headed for the state Supreme Court. Where I bet he wins there also.
Although I suspect his legal bills are close to a hundred grand by now. Yeesh!
It may be that, since a complaint was made...and the cops responded...then the drunk guy came back, there was probable cause....subject to the timing of events....that he was operating on a public way. Not enough detail in the story. But an inference could be made that he committed the offense....and the arrest, at least, was good.
Turtle on a fence post doctrine?
Wrong! Read the Appellate Court decision.
What evidence do the police have that he was drunk? I didn’t read any mention of proof.
All because of the “uppity” Prosecutor who keeps bringing it up. What a cheap-assed hack job. As if there could be no bigger fish to fry.
Unless the public has access as invitees....
In my state, people operating to endanger and drunk driving are subject to arrest; and operating a M/V on your own property with a revoked or suspended license is very much arrestable.
That part of a private driveway is simply not a “place
. . . generally accessible to motor vehicles.” Rather, it is a
place accessible to a small subset of
the universe of motor vehicles: those belonging to the homeowne
r, or those using the driveway
with permission.
3
This particular area of defendant’s driveway is akin to a moa
t; it is an area
which strangers are forbidden to cross but defendant could wade
at will. Defendant consumed
alcohol and drove but on
ly in this private area. Accordingly,
charges were not supportable.
.............................................
Decision by the court.
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