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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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152 replies.....

1 posted on 07/26/2017 8:54:09 AM PDT by Responsibility2nd
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To: Responsibility2nd

How do you get charged for DUI when you’re not driving??


2 posted on 07/26/2017 8:56:53 AM PDT by WKUHilltopper (WKU 2016 Boca Raton Bowl Champions)
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To: Responsibility2nd

Not unless you are on a public roadway.


3 posted on 07/26/2017 8:57:11 AM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here Of Citizen Parents - Know Islam, No Peace -No Islam, Know Peace)
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To: Responsibility2nd

Yeah, another case of government answering the ‘why are you doing this?’ question with ‘because we can.’


4 posted on 07/26/2017 8:58:38 AM PDT by Quality_Not_Quantity (If we're going to look at nature to justify our actions, then I say let's start flinging poop around)
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To: Responsibility2nd

[[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?


5 posted on 07/26/2017 8:58:50 AM PDT by Bob434
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To: Responsibility2nd

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.


6 posted on 07/26/2017 8:58:55 AM PDT by fella ("As it was before Noah so shall it be again,")
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To: Responsibility2nd

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.


7 posted on 07/26/2017 8:59:46 AM PDT by RegulatorCountry
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To: Responsibility2nd

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)


8 posted on 07/26/2017 9:00:11 AM PDT by ChildOfThe60s ("If you can remember the 60s........you weren't really there")
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To: Responsibility2nd

“What the justices had to answer was whether the driveway was generally accessible to other motor vehicles.”

That can be a very slippery slope.


9 posted on 07/26/2017 9:00:54 AM PDT by lacrew
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To: Responsibility2nd

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.


10 posted on 07/26/2017 9:01:02 AM PDT by robroys woman
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To: Responsibility2nd
They had a landmark case here in New Jersey a few years ago that was even more outlandish than this. It involved an employee of an ice rink who was charged with DUI for driving drunk on the job.

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.

11 posted on 07/26/2017 9:01:27 AM PDT by Alberta's Child ("I was elected to represent the citizens of Pittsburgh, not Paris." -- President Trump, 6/1/2017)
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To: Responsibility2nd

Is there any religious cult up in Mi that doesn’t like alcohol?


13 posted on 07/26/2017 9:02:45 AM PDT by Leep (Less talk more ACTiON!)
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To: Responsibility2nd

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


18 posted on 07/26/2017 9:06:05 AM PDT by wardaddy (Virtue signalers should be shot...conservative ones racked and hanged then fed to dogs)
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To: Responsibility2nd

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.


21 posted on 07/26/2017 9:07:41 AM PDT by plain talk
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To: Responsibility2nd

Well there was a case a while back where this guy got a DUI on his own property while operating a riding lawnmower.


22 posted on 07/26/2017 9:07:59 AM PDT by SkyDancer (You know they invented wheelbarrows to teach FAA inspectors to walk on their hind legs.)
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To: Responsibility2nd

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.


34 posted on 07/26/2017 9:14:32 AM PDT by Openurmind
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To: Responsibility2nd

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.


46 posted on 07/26/2017 9:34:53 AM PDT by murron
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To: Responsibility2nd

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....


49 posted on 07/26/2017 9:42:02 AM PDT by apillar
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To: Responsibility2nd
I don't drink -- and do have "No Trespassing" signs at both entrances to my driveway.

But, even without the above conditions, I don't see how this farce passes "Castle Law" muster...

53 posted on 07/26/2017 10:58:09 AM PDT by TXnMA ("Allah": Satan's alias. "Islam": Allah's assassins"; "Moderate Muslims": Islam's useful idiots.)
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