I got a ticket on saturday night while parking my vehicle with the motor running. I was in the driver seat with my seat belt on and my keys in my hand,and I was asleep. Then an officer knock on my window and woked me up . He made me take the soberity test four times after blowing .12 on the first time. Finally he stayed with the last result of .18. I got arrested and taken to jail overnight.
I explained to the officer that my friends drove my vehicle to the location where my husband was supposed to meet me to drive my vehicle home. I also explained to the officer that I was not driving and that my vehicle was running because it was cold and I used my remote starter to start the vehicle and the keys still in my pocket. The officer told me that I had the intent to drive, that's why he wrote me the ticket .
2006-12-04 14:13:49 · 19 answers · asked by aidashop 1 in Politics & Government ➔ Law & Ethics
Hello......how is he to know that once after you left you didn't drive off go through a stop sign and kill a family of 5 returning from picking out a Christmas Tree....duh, drunk people do stupid things...ummm like drive.
2006-12-04 14:19:00 · answer #1 · answered by Mom of Four 4 · 3⤊ 1⤋
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2016-06-03 02:06:05 · answer #2 · answered by ? 3 · 0⤊ 0⤋
In most places the answer would be yes (I say most because I'm not sure of ALL).
Here in Canada it's called Having Care and Control. You cannot be in a vehicle (don't have the book with me handy it might just be drivers seat) with the keys in your possession with over 0.08. The idea is you may not BE driving. You may be sleeping NOW. But many times someone will sleep for a bit. Then wake up, decide that nap sobered them up (doesn't work that way) and they decide to drive. There have been cases where people have slept in their cars but thrown the keys up the street or under the car and that's been allowed but results are mixed from place to place.
These laws are a case of proactive steps. We take proactive steps to prevent intox driving because it's better to err on the side of caution. If you can't drive ... don't be anywhere near the drivers seat and if you're alone , just stay away from a car completely.
I'd give the ticket too. Know why? Becuase before becoming a cop, I was a firefighter and I've pulled children from cars that had been hit by drunk drivers. Not all of those children were alive. I will go to every length available to me by law to prevent even the chance of that happening again.
2006-12-05 16:14:32 · answer #3 · answered by zen_cop 3 · 0⤊ 0⤋
Different states have different laws regarding driving under the influence. The laws often give the arresting officer latitude in determining if an arrest is justified. In California If you were in an accident and ejected out of the vehicle...and intoxicated...you could be arrested and charged with DUI..the officer would need to articulate in the arrest report, why he believes that you driving the vehicle...and that you were intoxicated. This may or may not hold up in court. The same seems to be the case in your situation...There was enough evidence to have a reasonable suspicion that a DUI took place..and thus arrest and booked for a crime. The case will be decided in a court of law. The problem is, that the case will probably not hold up in court. If everyone testifies on your behalf..I don't think you can be reasonably convicted. I think it was a really weak arrest. For a conviction, he would need to prove that your BAC was above the legal limit at the same time that you were driving. Both of which is difficult, especially if you have witnesses that testify to the contrary.
2006-12-04 14:45:33 · answer #4 · answered by chris f 3 · 0⤊ 0⤋
That explanation isn't very good.
I doubt if the judge would buy it either.
So you were drunk. Were you in your own driveway or were you in a public place?
If I was the officer, I would have taken you to jail so that you would not kill/hurt yourself or some innocent person.
Think how you would feel if he had not pulled up and you killed some little kid?
How far away do you live from the scene? Did the officer not believe you because your husband did not show up?
Take the hit and think about it the next time you drink and set behind the wheel of a vehicle with the motor running!
The life you save maybe your own or that of a child.
2006-12-04 14:30:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Odds are, something about your story didn't add up. Policemen are lied to daily. Sometimes they have evidence already, and will politely allow you to dig your own hole. Best wishes on your case. If you had the intent to drive...than take this as a lesson to learn. If you've been drinking, don't even THINK about climbing behind the wheel. God Bless.
2006-12-04 14:27:46 · answer #6 · answered by 35 YEARS OF INTUITION 4 · 1⤊ 0⤋
You can be arrested if your keys are in the ignition and most definitely if your car was running. It is the intent to drive. You might want to get a lawyer to help you in court to reduce your fine or whatever they have you do, like probation, classes, etc..
2006-12-04 14:18:06 · answer #7 · answered by Suga 3 · 2⤊ 0⤋
Something everyone should know:
If you are in the car, and the keys are IN the ignition (the car doesn't even have to be on!) you are considered driving. If you're drunk, it's drunk driving.
You're very, very lucky he only charged you with a DWI.
2006-12-04 15:37:18 · answer #8 · answered by Rissie 2 · 0⤊ 0⤋
You will have to go to court, and it will be your word against his. You do not get into a car and start the car and fall asleep while intoxicated. You are behind the wheel, and you have been drinking. Criminal intent can make you as guilty as actually doing the act in the eyes of the law.
2006-12-04 14:16:10 · answer #9 · answered by Sparkles 7 · 4⤊ 1⤋
Your lame excuse sucks! that's why the police officer didn't believe you, and I don't think any judge in his right mind will believe it either. Next time...tell your "friend" to drive you home or better yet tell your husband to pick you up if you know you're going to drink.
2006-12-04 14:28:06 · answer #10 · answered by fun 6 · 0⤊ 0⤋