Decision on DUI frustrates officials

Discussion in 'Law and Justice System' started by Modbert, Jul 10, 2010.

  1. Modbert
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    Modbert Daydream Believer Supporting Member

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    Decision on DUI frustrates officials | The Times Leader, Wilkes-Barre, PA

    Thoughts on the change USMB?
     
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  2. RadiomanATL
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    RadiomanATL Senior Member

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    The law here, and in my former state, was that if the keys are in the ignition, even if the car is off, you can be charged with a DUI.

    I've heard plenty of second hand stories about how someone left the bar, realized they shouldn't drive, and put the keys in the ignition and leaned the seat back to sleep in the bar's parking lot. Or, if the car was on, that they had turned it on for either heat or AC.

    *shrug* I don't go to bars really (anymore).
     
  3. Baruch Menachem
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    Baruch Menachem '

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    Keys in the ignition, you are in charge of motor vehicle.

    If you want to sleep it off, do so in the back or passenger seat.
     
  4. HUGGY
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    HUGGY I Post Because I Care Supporting Member

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    I agree with the court ruling. There are plenty of drunks out there driving cars endangering the public. This is police harassment. Getting intoxicated is not illegal. Whats next? A policeman sees you drunk in your front yard and there is a car in your driveway and the key is in the ignition so he arrests you? How about the police going into a bar and arresting everyone with car keys in their pocket? DRIVING DRUNK is against the law. Sitting in a car drunk is not. How do you know the guy didn't decide at the last minute he was impaired and is about to call a friend or a cab? It is called presumed innocense.
     
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  5. Care4all
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    Care4all Warrior Princess Supporting Member

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    I agree with the ruling as well...if you are not driving, then you should not be charged with it....I thought it was a drunken DRIVING law anyway...

    the thing is though, if this person did drive the car before stopping and falling asleep and side swiped another car on the way to his sleeping spot, then all bets are off....and them being drunk should go against them....
     
  6. maineman
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    maineman BANNED

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    precisely
     
  7. ConHog
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    ConHog BANNED

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    That's the law in Arkansas as well, and that is the way I want it to stay.
     
  8. Barb
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    Barb Carpe Scrotum

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    I always thought that if the keys were in the ignition, the cops had a case, but that when the keys were not in the ignition, they did not.
    should have read the thread first.
     
    Last edited: Jul 10, 2010
  9. Quantum Windbag
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    Quantum Windbag Gold Member

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    It makes sense to me. I had a friend who got nabbed for drunk driving because he was sleeping it off in the backseat of his car in the parking lot of the bar. They nailed him because the key was in the ignition and the car was running so he would not freeze to death. If the car is not being driven it is not Driving While Intoxicated.
     
  10. ConHog
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    ConHog BANNED

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    Arkansas DUI law. I would guess most states are similar

    5-65-103. Unlawful acts.

    Statutes

    (a) It is unlawful and punishable as provided in this act for any person who is intoxicated to operate or be in actual physical control of a motor vehicle.

    (b) It is unlawful and punishable as provided in this act for any person to operate or be in actual physical control of a motor vehicle if at that time the alcohol concentration in the person’s breath or blood was eight-hundredths (0.08) or more based upon the definition of breath, blood, and urine concentration in 5-65-204.

    As explained by the ADA, that means you don't have to be driving, you just have to be in control of the vehicle.
     

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