DUI Without driving your car? Conviction upheld!

Depends on the officer's jurisdiction and department policy. In my state and within my department, that is something I could easily do. Some states require an arrest on DUI. If the Officer neglects to do so they could be held in contempt. Like with anything, it's not always cut and dry folks. I know for a lot of people police work seems bush league, but it's very complicated.

 

That is not judicial thinking at all. First, a suspect's guilt cannot be based on a prior record, although that is something that must be considered by law enforcement in determining the danger of a situation. And second, it is a criminal case, which must be "proven beyond any reasonable doubt." It is not to be approached with "the cops are more believable than the guy they arrested," rather the presentation of evidence has to prove it. In this case, it does only indicate intent, as the engine was not capable of being started. I'm not sure that's enough without having heard the entire case.

By the time I was 11 oer 12 years old, I used to sit in the driver's seat of my parent's car with the keys in the ignition lock. I wonder if I had been caught doing that-- just listenting to the radio or pretending to be driving-- that I could have been cited. Or would it make a difference if the car were on the driveway [private] or parked by the curb [public street].

 

Do you really want to wait until he kills someone?? Have you lost a loved one to people such as this? I have and I think anyone with a previous DUI should not be able to get behind the wheel of a car without first having to pass an breathalyzer connected to the ignition of the car. This man has shown, once again, that he doesn't need to be getting behind the wheel of a vehicle.

 

You have obviously never lost a loved one to one of these walking time bombs.

You don't know he was just 'sleeping it off'. He was probably trying to get the car to the liquor store and thought he could get the car started. Doesn't he have a bed in his house to 'sleep it off'?

 

I tend to take Lori's side on this one...no tolerance. Personally, I think drunk driving offenses should be treated like attempted vehicular manslaughter. It is no different than walking into a crowded mall and shooting a gun. Sure, you might get lucky and not shoot anyone. Just like drunk driving. You may get lucky and not hit another car, but the unbelievable recklessness with which one acts whilest driving drunk should not be dealt with by fines and a relatively short jail sentence.

 

The only reason the word intent was used was in response to someone talking about that topic in particular.
Look up the law and you'll find what intent means.

In this case, as the person with experience on here already stated, the guy simply broke the law. It's illegal to be behind the wheel of a car while drunk.
You can throw out fifty "what is" scenarios and gasp over how horrible it would be if it were illegal, but the scenario of sitting behind a wheel drunk actually is. That's it and that's that.

 

If your old enough to drink alcohol you're old enough to learn the laws and obey them.

That said, there are far too many "nussiance" laws out there that create situations like tuis but have a shakey legal ground for enforcement. A friend of mine was arrested, jailed, and had to spend too much of his own $$$$ on a lawyer when his brother was arrested for "drunk & disorderly." My friend was standing near his brother while he was sitting on a curb after a race. An officer noticed his brother was drunk and proceeded to arrest him. My friend, a good guy, asked why his brother was bieng arrested and then rolled his eyes. Nothing else. He was immediately put on the back of the cruiser, cuffed, and put in jail for a few hours. My friend doesn't drink and was not bein belligerent. The judge threw it out but my friend still had to pay his lawyer.

 

I will just state this again. Anyone who has been convicted of driving a motor vehicle under the influeince of alcohol (or drugs) should be required to have a device installed (breathalizer) in their vehicle which renders that vehicle incapable of starting in the event that the previously convicted felon chooses to try and drink and drive again. I don't care whether or not this vehicle was incapable of starting this time or not. It should be mandatory that the car NOT start when these idiots place themselves in the drivers seat. Drunks should NEVER EVER be behind the wheel of car.

 

Laws have evolved regarding DUI over the years. When I lived in New York State, driving under the influence of alcholol was a misdemeanor, eight hours or so in jail, and carried a fine of $250. They have since revised the law which includes stiffer penalties. Not nearly stiff enough IMHO.

Some states are beginning to take a zero tolerant attitude towards these imbeciles who choose to endanger the lives of innocent people every time they choose their own selfish desires over our welfare. If you ask me, every state should make a second offense a mandatory two years in prison and permanent revocation of the privilege to drive. No drunk should EVER be sitting behind the wheel of any vehicle, tricycle, lawn tractor, etc. The consequences are just too deadly.

 

Drunk drivers should NEVER be on the road or even behind the wheel of a vehicle. That is what I'm saying, PERIOD.
Do you agree????

Simple solution is don't drink alcohol or do drugs and then choose to drive.

 

Sober person with keys sitting in driver's seat.

Drunk person with keys sitting in driver's seat.

Sober person with keys sitting in driver's seat.

Drunk person with keys sitting in driver's seat.

Sober person with keys sitting in driver's seat.

Drunk person with keys sitting in driver's seat.

Sober person with keys sitting in driver's seat.

Drunk person with keys sitting in driver's seat.

 

Someone sitting in the car not moving is not driving. While it may be necessary to make doing that illegal it is not DUI (Driving Under the Influence).

 

Depends on what state you live in. Here is another case in Connecticut in which a person sitting in the drivers seat with the keys in the ignition but with the motor off was convicted (and upheld) of operating a motor vehicle under the influence. Laws DO need to change. The innocent need protection from these self-centered idiots.

If you don't like the laws in such states as Minnesota or Connecticut, do yourself a favor and don't drink/do drugs and get behind the wheel of a vehicle there.

http://www.dui.com/dui-library/connecticut/news/high-court-decision

 

The drunk person belongs in jail. Zero tolerance for people demonstrating depraved indifference for human life.

The idea that the police officer should have taken the keys away from the man sitting behind the wheel and taken him home instead of arresting him is absurd. Maybe you will change the way you think if one of your loved ones is killed by someone who has been repeatedly enabled in such a way

 

Doesn't depend at all. If you are not driving you are not driving. If the car is parked and the motor is not on then you are not driving no matter what the idiots call it.

 

In New York State, the following justifies a charge of murder:

Murder, refers to someone who, with "depraved indifference to human life," engages in conduct that creates a grave risk of death that ultimately kills someone. The punishment for "depraved indifference" murder is 25 years to life in prison.

Drunk drivers who take the lives of the innocent are, indeed, guilty of murder.