Free Republic
Browse · Search
News/Activism
Topics · Post Article

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)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: WKUHilltopper

Easy, here in Florida.

You can get a DUI for just being in the car, parked, keys not in the ignition, passed out drunk......................


12 posted on 07/26/2017 9:02:17 AM PDT by Red Badger (Road Rage lasts 5 minutes. Road Rash lasts 5 months!.....................)
[ Post Reply | Private Reply | To 2 | View Replies ]

To: WKUHilltopper

“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.”

Note to self. When I start driving drunk in my own driveway, I will need to put in a gate so it isn’t “accessible to other vehicles.” It’s like here in CA, unless your property is completely fenced, you cannot legally carry a firearm on your own property, and if you shoot an intruder out there, you will be charged since “it’s accessible to the public!”


14 posted on 07/26/2017 9:03:42 AM PDT by vette6387
[ Post Reply | Private Reply | To 2 | View Replies ]

To: WKUHilltopper
"How do you get charged for DUI when you’re not driving??"

In most states the statute prohibits "operating" the motor vehicle while intoxicated. Some states have cases on the books where farmers driving their combines in their own fields while drunk have been charged with OWI.

16 posted on 07/26/2017 9:04:15 AM PDT by circlecity
[ Post Reply | Private Reply | To 2 | View Replies ]

To: WKUHilltopper

Not sure about Michigan, but in some states DUI laws are worded to the effect of, “operated or attempted to operate a motor vehicle while under the influence.” The rationale is that if somebody stumbles out of a bar in an extreme state of intoxication and his having difficulty even getting his key in the ignition, you don’t have to wait until they put the car in motion and endager other people. The downside is that if somebody knows they’re too drunk to drive after the bar closes, they can’t run their heater and try to stay warm in the parking lot until they’re sober enough to drive.


17 posted on 07/26/2017 9:04:52 AM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
[ Post Reply | Private Reply | To 2 | View Replies ]

To: WKUHilltopper

In my state, you can be charged with DWI if the car/vehicle is turned off BUT the keys are in the ignition. So a person who realizes they had too much to drink can sleep it off in their car BUT without the keys in the ignition.


40 posted on 07/26/2017 9:26:45 AM PDT by momtothree
[ Post Reply | Private Reply | To 2 | View Replies ]

To: WKUHilltopper

The Virginia Supreme Court has decided in two different cases that sitting in a car not running but with the keys in the ignition, or sitting in the driver’s seat of a mechanically inoperable vehicle constitutes operating a vehicle and supports a conviction of DWI. The rational is that the defendant is sitting where the operator usually sits.


42 posted on 07/26/2017 9:29:47 AM PDT by PUGACHEV
[ Post Reply | Private Reply | To 2 | View Replies ]

To: WKUHilltopper

My sister in 2005 was walking home from her friends house and was given a ticket for being “Drunk in public” (see Ron White).
The police officer also notified the DMV and her driver license was suspended. She soon lost her job after that as she had no way to get to work.

That officer has since been involved in 2 lawsuits that made the local paper. This is a small police dept in Robbinsdale, Minn a few miles from Minneapolis. The now ex police chief was fired after he was caught in a sting operation soliciting a prostitute.


57 posted on 07/26/2017 11:44:06 AM PDT by minnesota_bound
[ Post Reply | Private Reply | To 2 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson