Michigan Supreme Court to decide if idling in driveway is drunken driving
Fox 2 Detroit ^ | APR 25 2017
Posted on 4/25/2017 5:10:22 PM 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.
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How do you get charged for DUI when you’re not driving??
Not unless you are on a public roadway.
Yeah, another case of government answering the ‘why are you doing this?’ question with ‘because we can.’
[[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.]]
So the state pays all the taxes on this man’s driveway? The state owns the driveway making it a public road?
The police fight crime 10% of the time the rest of the time they are revenue agents.
Might I suggest sobriety check points on golf courses, a lot of rich folks there. just think of the bribes to be had.
The police have no jurisdiction to issue that citation on private property, that’s like giving the guy a ticket for driving a car with no license and registration in his driveway.
Of course he can be charged now that they have eliminated that pesky 4th amendment.
And it’s not his property anyway, he just rents it from the government. It can be taken from him anytime if he stops paying rent (property taxes)
“What the justices had to answer was whether the driveway was generally accessible to other motor vehicles.”
That can be a very slippery slope.
Well, maybe he can be charged. Good luck finding the law that will stick.
Laws are very binary. If they are not, they are not constitutional. Th cops only have jurisdiction on public roadways.
You can sit in your driveway in an idling car with tabs that expired 10 years ago. You do not violate the law until your tires touch the street.
Same thing here.
He was arrested while driving the Zamboni erratically around the rink. Seriously. LMAO.
The state Supreme Court ruled that he couldn't be charged with drunk driving under those circumstances.
Is there any religious cult up in Mi that doesn’t like alcohol?
Where I live you can be charged if asleep in a park drunk if you have access to keys
No sleeping it off allowed
It’s money for the state and local and vehicle confiscation and homage to MAAD zealots
You can also be charged if drunk in a car with drunk driving
The title is misleading. Michigan SC not US SC. If the case were to go to the US SC one would think they would overturn the conviction. That is if they were to take the case and actually rule on the merits. Of course they may decline to take the case and defer to Michigan.
Well there was a case a while back where this guy got a DUI on his own property while operating a riding lawnmower.
This happens just about everywhere. This begins with local planning and zoning and municipal codes. They started years ago claiming and requiring a “Setback” into your property. This authority they granted themselves now renders your front yard (setback) as “public property” unless you fence it and post it “No trespassing” failure to do this allows them to have jurisdiction and authority over this property as public property rather than private property. So even in your own driveway or front yard you are considered as being on public property. The worse thing about this? they are not the ones paying taxes on that “setback” part of land they lay claim to you are.
There was an episode of Everybody Loves Raymond where the wife, Debra Barone, was arrested for DUI, even though the motor wasn’t running and she was asleep in the car, but her keys were in the ignition.
Take it to a jury trial and hope you get at least one person with some actual common sense willing to “Jury Nullify” the Supreme Court ruling....
But, even without the above conditions, I don't see how this farce passes "Castle Law" muster...