What should the cops do? (Drunk but not yet driving)

[JoeMoma]

Cops are called about an intoxicated man who went out from a bar to his car. I presume the caller believes the man is going to drive. drunk. The police arrive to find the man sitting behind the wheel of the car with the engine running, but the car has not moved, legally parked. Should the police arrest him for DUI at this point?

 

[Kilroy2]

Well it was close. Some cops would have cut him some slack while others may not. He could have gave him a ride home or call a taxi for the guy.

I believe that even when the car is started and the engine running that it can be considered operating a vehicle. It does not necessary have to be moving.

Judges discretion and I would not fault him

 

[Bob Blaylock]

It seems to me that it would be valid for the law to consider anyone who is at the controls of a vehicle, while the vehicle's engine is running, to be “driving” that vehicle, even if the vehicle has not actually in motion. Surely, you are considered to be driving, if you are stopped at a stop light.

On the other hand, it could be a valid defense that the engine is running only because the occupant wants heat or A/C, and the occupant could claim to have had no intention of actually causing the vehicle to move.

 

[JoeMoma]

Well it was close. Some cops would have cut him some slack while others may not. He could have gave him a ride home or call a taxi for the guy.

I would like to think that I would be inclined to cut the guy a break, but what if he drives drunk next week and kills someone. Arresting him at this point could be a way of keeping a drunk driver off the road. Per the video, it's that person 2nd DUI offense.

 

[Woodznutz]

If he was not on a public roadway they cannot legally charge him. Note that unless there is personal injury the police cannot charge someone with accidently damaging another vehicle on private property.

 

[Kilroy2]

Good point. Well you may be right if it is his 2nd offense so he needs a wake up call.

 

[JoeMoma]

It seems to me that it would be valid for the law to consider anyone who is at the controls of a vehicle, while the vehicle's engine is running, to be “driving” that vehicle, even if the vehicle has not actually in motion. Surely, you are considered to be driving, if you are stopped at a stop light.

On the other hand, it could be a valid defense that the engine is running only because the occupant wants heat or A/C, and the occupant could claim to have had no intention of actually causing the vehicle to move.

Since the cops had time to arrive per a call, it seems the guy didn't drive off immediately. Thus he may have had the engine running for heating the car. This happen per the vid Jan 1st.

 

[JoeMoma]

If he was not on a public roadway they cannot legally charge him. Note that unless there is personal injury the police cannot charge someone with accidently damaging another vehicle on private property.

He was in the parking lot outside a bar.

 

[Vastator]

Cops are called about an intoxicated man who went out from a bar to his car. I presume the caller believes the man is going to drive. drunk. The police arrive to find the man sitting behind the wheel of the car with the engine running, but the car has not moved, legally parked. Should the police arrest him for DUI at this point?

Yes. The legal definition, when I was an officer, included "standing", which was the operation of a motor vehicle not in motion. Ever seen those signs in front of those stores saying "no standing"? That doesn't mean everyone fall down.
It means "no sitting there in park, while tbe vehicle is running, waiting for your passenger". And in some places it is an offense. And without question it is an incontrovertible operation of a motor vehicle. Moving, or not.

 

[JoeMoma]

I believe that even when the car is started and the engine running that it can be considered operating a vehicle. It does not necessary have to be moving.

That is my understanding as well. That said, should the cops wait for him to actually start the car moving before arresting him?

 

[hunarcy]

Cops are called about an intoxicated man who went out from a bar to his car. I presume the caller believes the man is going to drive. drunk. The police arrive to find the man sitting behind the wheel of the car with the engine running, but the car has not moved, legally parked. Should the police arrest him for DUI at this point?

Arrest him for public intoxication

 

[Woodznutz]

Yes. The legal definition, when I was an officer, included "standing", which was the operation of a motor vehicle not in motion. Ever seen those signs in front of those stores saying "no standing"? That doesn't mean everyone fall down.
It means "no sitting there in park, while tbe vehicle is running, waiting for your passenger". And in some places it is an offense. And without question it is an incontrovertible operation of a motor vehicle. Moving, or not.

Did you ever cite such a person on private property?

 

[Vastator]

Did you ever cite such a person on private property?

Yes.

 

[JoeMoma]

Yes. The legal definition, when I was an officer, included "standing", which was the operation of a motor vehicle not in motion. Ever seen those signs in front of those stores saying "no standing"? That doesn't mean everyone fall down.
It means "no sitting there in park, while tbe vehicle is running, waiting for your passenger". And in some places it is an offense. And without question it is an incontrovertible operation of a motor vehicle. Moving, or not.

I don't ever recall seeing a "No Standing" sign outside a store. I have seen signs outside a store stating that the parking was for that store only usually with a warning that unattended cars may be towed.

I wouldn't think a running vehicle with the driver waiting on a passenger who is a customer would be a problem.

 

[Vastator]

I don't ever recall seeing a "No Standing" sign outside a store. I have seen signs outside a store stating that the parking was for that store only usually with a warning that unattended cars may be towed.

I wouldn't think a running vehicle with the driver waiting on a passenger who is a customer would be a problem.

 

[Vastator]

View attachment 745700

They are typically positioned at points of ingress, and egress. Their purpose isn't to frustrate, or annoy the public. They are meant to facilitate the service of the public should emergency responders need access to the business.

 

[Woodznutz]

View attachment 745700

I have never seen such a sign either. Must be a regional thing.

 

[Dont Taz Me Bro]

Cops are called about an intoxicated man who went out from a bar to his car. I presume the caller believes the man is going to drive. drunk. The police arrive to find the man sitting behind the wheel of the car with the engine running, but the car has not moved, legally parked. Should the police arrest him for DUI at this point?

They will here in Nevada.

 

[Rocko]

it could be that he had intended to drive but passed out at the wheel before putting the car in motion. The cops could have got the gut for public intoxication if they really wanted to charge him with something

 

[Vastator]

I have never seen such a sign either. Must be a regional thing.

Could be. But just be clear... I didn't ticket some guy for pulling up to the door, so his wife could load tbe groceries while it was raining cats, and dogs. This kid was a fucking punk, bumping his favorite "jam" six feet from the entrance of the business that called in the disturbance. He was initially uncooperative with the command to move, and find a parking space. Apparantly... He didn't know what "standing" meant legally either. $150 later... He figured it out