New Jersey Upholds DUI for a Man in Parked Vehicle

The Newspaper.com ^ | 8/28/2007 | staff reporter

[Mila]

I guess that life does imitate art and vice versa. I remembered something like this from an old episode of Everybody Loves Raymond.

“The Shower” Episode #0221
Directed by Jerry Zaks
Written by Leslie Cavney

Debra gives a bridal shower for Amy, but her good intentions get sidetracked by Marie’s overzealous participation. When Marie attempts to “take over” Amy’s wedding shower, Debra gets upset and yells at her, prompting Marie to leave in a huff. Returning to the party festivities, Debra starts drinking a little too much champagne and winds up being too tipsy to drive. When she can’t reach Ray on the phone, Debra decides to take a nap in her car with the keys in the ignition and is awakened by a police officer, who arrests her for drunk driving. When her license is suspended, Debra finds herself in a precarious situation when she’s forced to rely on Marie for help.

[Leisler]

A week ago I followed my female cousin to a dealership to drop off her car for scheduled service. The lot was tiny and crowded and she backed up and touched a mechanics parked car. Her car a buff out of the plastic bumper. His, maybe a pull out and possibly a buff out or paint of a rear quarter dent. So we exchanged info. She couldn’t find her card, but had the mechanic call her husband who then said he would call his insurance and have a copy faxed over to the dealership. No problems, everybody as happy as can be. So we left the car, and the dealership. Mind you this is on private property.

Later we get the call from the automaton Barney Fife wanting to know why we left the scene of an accident and are driving without a insurance card which is ...bla, bla, bla. I tell him all parites were satisfied, and the insurance agent is taking care of the info. He says, quote, “So, what you are telling me is that you want me to issue a warrant for arrest for (cousins name)?” Real wise-guy, whom I had never talked to before. What a petty, officious little prick. But what do you expect now a days? Who would be the nanny state’s step and fetch it for every little socialist scheme? Who would work for a system that from top to bottom, hustles to shake down working and middle class and let expense centers of real criminals go? Who would do that for a living? The system is the enemy of the citizens and cops are their butlers.

[Mark was here]

Alcohol is a mind altering drug.

I have often wondered who the crazy one is, one who can not make a rational decision under the influence of a mind altering drug, or those that expect them to.

One should not use mind altering drugs, because once you do rationality goes out the window.

[SLB]

About the same as you described in #42 happened to me several years ago. My daughter was going to pick up her boyfriend (now husband) at the Toyota dealer where he had dropped his PU off for some work. She was trying to get the Pontiac we had through the parking lot and had to back up to get around a corner. A salesman guided her and let her crumple a fender on a new car. The sales manager agreed it was the salesman fault and said all was fine as they would use their body shop to take care of it. The next day Barney Fife calls and says they are going to issue a warrant for hit and run. Luckily I know the county attorney very well and called him to query the actions of the cop. I never heard back from the local PD, but the county attorney called and told me he had talked to the salesman who said she just drove off, but the sales manager backed my daughter. I guess the salesman got his butt in trouble and was looking to blame someone. Fortunately the sales manager was honest.

[nyyankeefan]

New Jersey Upholds DUI for a Man in Parked Vehicle

there was an episode on everyone loves raymond jsut like this.....

I guess nj is telling people just drive drunk!!!

we in the socialist peoples’ republic of nj are so proud!!!

[HANG THE EXPENSE]

Oh I am so touched by their concern.And the money they get from a dui didnt have any part in this.

[Trajan88]

Seems to me that if one can have a DUI citation upheld for being legally drunk in a parked car, it is not a stretch for a "judge" to uphold a DUI citation given to a passenger that's in a back seat of a cab.

It amazes me how the legal system twists and turns the end result of incidents/situations to their benefit (government is always right... tax paying/responsible public be damned).

[Lion Den Dan]

The drunk had control of the vehicle and is therefore guilty.

Have not talked with you for years, FP. Trust all is well.

Dan

[halfright]

Here you can sleep in front seat and throw keys on back floor and beat a rap like that...as has been mentioned, his mistake was that the car was runnin’

[OCCASparky]

Problem is, the mans car was running. There have been numerous cases where such a charge has been upheld. Heck, I've even seen a couple where the engine was NOT running and still got a DUI charged.

Safest bet? Keys OUT of the ignition, you OUT of the driver's seat. Then they have nothing on you.

[Thumper1960]

Bend over for your government examination.

We are fast becoming subjects and not citizens. Had the man died from exposure to freezing temperatures, the headlines would've asked why had the man not used his truck heater to keep warm.

Answer: Fear of an oppressive government.

It is little wonder that 'from my cold, dead hands' is a popular slogan of independent minded, freedom loving citizens.

[Vinnie]

However, the engine was running...albeit for him to keep warm in 25 degree temperature

Seat belt laws are the same.

If the engine is running and you don't have your seat belt buckled, you are in violation.

So buckle up before you start the car. /s

[dangerdoc]

In my youth, I have driven out to meet friends with no intention of getting intoxicated, ended up intoxicated anyway and sleeping it off in the car rather than driving drunk.

This ruling seems rather unfair.

[USN40VET]

A friend of mine was convicted of OWI after an officer found him sleeping in his car on a parking lot. He was not behind the wheel, but had the keys. This was in Louisiana.

Thirty miles south, I had another friend who every weekend would frequent the same bar/club out in a camp/resort type of area. The Parish Sheriff Deputy would pull him over, and take him home. It got to the point where the Deputy would come and pick my friend up at the bar every weekend.

I don’t condone the behavior of these two friends. I think both have now seen the error of their ways.

[AngrySpud]

A few years ago I was leaving the house at 5am to go to work. Parked in the middle of the street right in front of my driveway was a car — lights on, motor running, with the driver passed out over the steering wheel.

I was glad the driver had the good sense not to go any farther. It took the police to move him ... dunno how/if he was cited.

[Conservative Infidel]

What if “that location” was the parking lot of the bar where he had been consuming adult beverages?

[ItisaReligionofPeace]

Both are reasonable to me. Especially the motor boats.

[Elle Bee]

Perhaps now the intrepid officer will be moved up to patrolling public rest rooms for toe tapping

.

[Pravious]

“Our judicial system is slowly morphing into a system of lawless oppression. By lawless, I mean that the laws don’t mean what they mean, they mean what some judge says they mean which is entirely different from what they actually do mean. And all of it is designed to give greater power to the government to throw your *** in jail or seize your property if you don’t do exactly as they say.”

EXACTLY. This is 100% BS. What part of “Driving” in DUI doesn’t this “Judge” understand?

[freekitty]

So what. He did the responsible thing. I am sick of the bs of splitting hairs just to bring us under laws that make no sense.