My brother was driving home last night and relized he was a little drunk and pulled oer to the side of the road to sleep it off. He left the car on and it was after mid night. One of the neighbors on the street called the cops bc his car looked suspecious. They hand cuffed him and took him to the drunk tank after he blew a .09 (.o8) is illegal. They also removed his license plate and replaced it with a paper one. They didn't tell him at the time what he was being charged for. This mornign my dad picked him up and he left with no ticket and the officers on duty did not know what he was charged with if charge at all. He didn't at any point recieve a ticket for anything. Do you think he was charged wtih anything?
2007-08-12 04:40:19 · 26 answers · asked by BUFFCHICK25 3 in Politics & Government ➔ Law Enforcement & Police
we Just called the jail and they couldn't tell him either. So he left a message with the officer and I guess we will see what happens. I thought it was odd he wasn't given a ticket or anything.
2007-08-12 05:05:53 · update #1
in michigan if your car is on but not moving you are charged with operating under the influence, not driving. They take your license palte until the issue os resolved (happend to my friend for driving on a suspended license). I just was under the impression he would have recieved a ticket.
2007-08-12 05:10:20 · update #2
Let's stop dealing with guesses. I've never heard of anyone being released without paperwork, or bond. Either he was arrested or not. Contact whoever is in charge at the Police station, and find out what's going on. Your brother could have been charged with being in physical control of a motor vehicle while under the influence. He was definitely over the legal limit. Under normal circumstances, sleep usually follows intoxication.
2007-08-12 08:37:05 · answer #1 · answered by CGIV76 7 · 0⤊ 0⤋
Did you dad have to post a bond?
Sounds as if the officers just slipped up or they were trying to do your brother a favor by getting him off the street. He could have been charged for DUI even though he was sleeping in his car. Do you live in a small town where everyone knows everyone?
Interesting about the tag though. I've never heard of this happening. Did they have the vehicle impounded?
Sounds to me like someone got pretty lucky.
2007-08-12 11:51:18 · answer #2 · answered by From Yours Trully 4 · 0⤊ 0⤋
Very strange if he did not receive any papers, or even told him what he was being arrested for. I'm not sure if all that's even legal police procedure. Especially if they were tampering with his license plate (took it) and his vehicle.
Sounds to me like the poor guy is a case of unfortunate police harrassment. Even if he had been driving and was near to home.. cmon after midnight, the guy blows a 0.09 and not a 0.08 and you can't give him a break, even if it's just to rest a bit. Sometimes cops can be real aholes.
Hopefully they had smartened up and decided to let him go.
2007-08-12 11:49:09 · answer #3 · answered by B Z 4 · 0⤊ 1⤋
He could be charged with DUI. Doesn't matter if the car was moving or not,he was in possession of the keys AND the car was running. Considering they took his plate,I would think he may be charged with something. A friend of mine did the same thing,she pulled off the road,had the car off and was still charged with DUI. They figure,you did drive while drunk if you got where you are.
2007-08-12 11:53:19 · answer #4 · answered by Jan 7 · 0⤊ 2⤋
The DA can take their sweet time. I have heard that you definitely can be charge with drunk driving even if you are in your own driveway sleeping. From what I have heard, there are so many fine lines that have to be crossed for it to stick. If you ever are in that position, I've been told to remove the keys from the ignition and crawl into the backseat. It's all about intent. If you are behind the wheel, that could be construed as intent, even with the car off.
The way to tell if he was charged was to call them up and ask.
2007-08-12 11:53:01 · answer #5 · answered by Joseph M 3 · 2⤊ 1⤋
No, I think they talked it over and realized he probably did the right thing and decided to let it go. It probably wouldn't fly in court. It is possible that he never drove the car while drunk, He was just sitting in it getting warm. If they had charged him, he would know. They just made a good old fashioned judgment call, hopefully he is a bit wiser.
2007-08-12 11:46:32 · answer #6 · answered by Robert D 4 · 3⤊ 0⤋
Operating a motor vehicle is illegal. What "operating" means, can vary a bit, but since the car was running, he may be on the hook.
However, to lawfully charge someone with an offense, some notice that you are being charged (and with what) is required. Typically, a ticket, or being arrested and brought down to to jail.
Something here sounds fishy.
2007-08-12 11:45:51 · answer #7 · answered by dpilipis 4 · 1⤊ 2⤋
He was probably charged with a DUI. You don't have to be driving but in his case he obviously showed signs that he had been driving, car running, keys in the ignition. I'm sort of suprised that they didn't read him his rights although I might question if he remembers it. He might be lucky enough so that they figure a night in jail was enough to scare him but I think a DUI citiation and a court date will be coming soon.
2007-08-12 11:50:44 · answer #8 · answered by Anonymous · 1⤊ 1⤋
Yes more than likely he'll be charged with a dui... even though he was parked, he left the car running, and / or if the keys are in the car and he's parked, he is still behind the wheel... it's borderline.. it just depends on the laws in your state... in Ca.. they will arrest you and charged with a dui..
2007-08-12 11:44:40 · answer #9 · answered by Dee 3 · 2⤊ 0⤋
I'm pretty sure if they didn't actually observe him driving, they can't charge him with DUI
25 years ago I got a PUI, pushing under the influence, was out of gas and pushing the car to the gas station
2007-08-12 11:46:47 · answer #10 · answered by Anonymous · 0⤊ 1⤋