We were having a party at my house last weekend and we were all drinking (lot's). A friend ask another friend to play this CD, he said it's in your card so he goes out in the car to get the CD, he was sitting in the drivers seat, got the CD just as a cop came up...we ran outside and told him to say NOTHING..well he got a DUI, the thing the cop didn't know was we were video taping the ENTIRE time...we have him going out to the car then getting arrested for DUI, we kept the camera rolling until he came iside while we were holding the car keys then went outside to start the car to show they belonged to the car, we then open the hood and placed our hands on the manifold (to show the car was NEVER running) ALL on tape! We want to bust the cop for being a fat liar...should we go to a lawyer, call a TV station etc..
advice please???
BTW, everyone was 25 years old or older, NO disturbing the peace. I own the house
2007-04-26 11:07:20 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
In many jurdistictions, you have to be in the car, not necessarily behind the wheel ***with the keys in your possession***. If the cop did not search him for keys, then he's probably got a good case. Presumably he was arrested, they would have itemized his pocket contents. (What are the odds that any keys found were noted with car type - "Ford" or "Toyota"?) The video helps prove if the cop tries to lie. Anyhow, better to pay for a lawyer, considering the damage a DUI charge can do. If you were really friends, you would chip in to help pay for his defence.
IMPORTANT - Get a good lawyer. Court is not for amateurs, any more than accounting, tax law, electrical work, or plumbing, or circus acrobatics!! Judges don't like Perry Mason wannabes and Hollywood tactics wasting their time. You don't want to p*ss off the judge. If he's annoyed, he can convict you regardless and think "ha ha, let him pay for a lawyer to appeal it."
OTOH - if the CD was in the stereo, how would he have gotten it without a key? How did he get into the car without a key - was it unlocked? Be prepared to answer those questions.
And, if you're in a jurdistiction where the keys are irrelevant - the letter of the law applies, if he was "in possession" of the car while intoxicated. There have been cases of someone sleeping it off in the back seat being charged (but, because they had the keys).
2007-04-26 11:27:50 · answer #1 · answered by Anon 7 · 2⤊ 0⤋
This is not a DUI. The keys had to be in the ignition for the charge to stick on an unmoving vehicle. Lawyer? Why not try without one and show the Judge the video. Make sure to call the court in advance so they will have the video equipment. Some lower courts don't. I assume this is going to a lower court. If he loses, you can appeal to a court of general jurisdiction and get a new trial. The only risk is that the judge might rule against you and put him in jail. However, if it's a first offense and he did some jail time, he'll get credit for time served.
2007-04-26 11:16:15 · answer #2 · answered by David M 7 · 0⤊ 0⤋
In some states merely being behind the wheel of a car intoxicated is sufficient, regardless of whether it is moving or the engine is running. To find out in your state get a lawyer.
And, even if it is technically DUI, a lawyer might be able to get the charges reduced or dismissed with the tape. I doubt that the judge wants to convict someone who was not actually driving.
2007-04-26 11:13:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Contact the station, and file a complaint.
FYI, you don't have to be driving to be charged with a DUI. If you're sitting behind the wheel, and have the car keys (which you said he didn't), you can be charged with being in physical control of a motor vehicle while under the influence.
2007-04-26 11:15:26 · answer #4 · answered by CGIV76 7 · 0⤊ 0⤋
Laws differ from state to state on certain requirements of DUI, and are the same in all 50 states for most requirements.
For instance in Colorado it is only illegal if the keys are in reach within the vehicle. You can be in the back seat and if you have the keys then you will be charged with a DUI. I am not sure about the laws in your area.
The blood alcohol level is .08 in all 50 states thanks to MADD. Depending on your friends BAC they might charge him anyway. If the charge sticks he can probably plea it down to a lesser chage, but be careful of going to trial, the courts are getting very strict on any drinking offense.
2007-04-26 11:22:21 · answer #5 · answered by badmfbri 3 · 1⤊ 0⤋
It's illegal to be in the driver seat intoxicated, regardless if you're driving or not. That said, they'll probably drop the charges after seeing the video tape. Definetly get a lawyer.
2007-04-26 11:12:38 · answer #6 · answered by History Buff 2 · 1⤊ 0⤋
Why don't you start by taking the video tape down to the police station?? I'd make an extra copy, just in case.
2007-04-26 11:11:35 · answer #7 · answered by mdk 3 · 1⤊ 1⤋
OH CMON...id call a tv station...its priceless.
2007-04-26 11:11:12 · answer #8 · answered by koalatcomics 7 · 0⤊ 1⤋