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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 03-08-2009, 02:40 PM   #1
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So I got a DUI last night..

For sitting in the drivers seat of my car outside of the club..

Honestly... like I think this rule is pretty harsh. I left the night club right at 2am and went to my car. My friend was chatting w. some girls and I didn't wanna wait for him so I went to my car and started it and cranked the heat cuz it was really cold.

Next thing I know there is a cop tapping on my glass. I would NEVER drive my car while impaired. He was my DD and I was waiting for him. Driving drunk is not cool. and is just dumb. I was simply waiting for my friend in my own car.

My friend I guess ended up going home w. that girl cuz when the cop came to me it was like 3am lol (EDIT: 5:31am).

The officer took me to the station, I had to do a breath test and I got fingerprinter and the whole 9. I of course blew over the limit. My vehicle is also at a towing yard at this moment.

I didn't argue with the cop because I know she was just doing her job but honestly I just think this rule is a little too harsh since I was not and had absolutely no intention of driving my vehicle.

Now I am going to lose my license for 3 months!!! How am I going to get to school???



edit: I guess my question is, is there any chance I can get this 3 month suspension dropped? I have to call my lawyer tomorrow morning. I have never had a DUI or a 24hr in my life so this is all new to me.
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Last edited by skidmark; 03-08-2009 at 08:26 PM. Reason: language
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Old 03-08-2009, 02:44 PM   #2
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Yikes.

I don't think you can get this dropped unfortunately.

Well, atleast you know for next time, you could stay in the passenger seat..
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Old 03-08-2009, 03:12 PM   #3
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Yeah no kidding. The passenger seat is I guess fine. I would like to know why this rule is in effect. I mean, it's one thing to be driving your vehicle drunk and it's another to be waiting in a parking lot with the car in park. I am so angry right now.. The officer said she has seens cases like these getting thrown out. I am gonna guess it depends on the judge. I feel like a convict, seriously with the whole fingerprinting and all.

Man I lost a friend cuz some drunk driver ran into him 6 years ago. He's dead cuz someone didn't wanna pay $30 for a cab. I don't take this lightly. It's not a joke to me. I am so angry right now.

Last edited by skidmark; 03-08-2009 at 08:27 PM. Reason: language
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Old 03-08-2009, 03:13 PM   #4
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So you got out of the club at 2am, and decided to start your car while you waited for your DD friend to come. Did you fall asleep? How did it turn to 3am when the cop tapped your window, without you asking your friend what the hell is taking so long? Also, your DD friend took off without saying anything, knowing you're in your car drunk? Sounds like he screwed you pretty bad, i'd find a new friend.
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Old 03-08-2009, 03:36 PM   #5
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Yes I did fall asleep in my car, and that is why I woke up to an officer tapping on my window an hour (edit: 3.5 hrs) after the club closed. Yea he did screw me pretty bad. I won't be hanging out with him again.

Imagine that for a minute. My car was running with the heat on, and I pass out in the vehicle waiting for my friend. I don't see how I can have intent to drive my vehicle while I am sleeping inside of it with the engine on. If you are sleeping, how can you be driving? I guess I could awake at any moment???

Had that officer never showed up I have no doubt that I would have probably slept till 5 or 6 in the morning in my car. At that point in time I could have re-evaluating my condition and would have then made a decision whether or not to drive or just call a friend to come grab me.

I didn't even want to go out last night...

Last edited by bossxx; 03-08-2009 at 06:51 PM.
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Old 03-08-2009, 03:51 PM   #6
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Yeah, but the officers view is that you are in the drivers seat with the car on...for all she knows you were so drunk you passed out before you could even put the car in drive. I would try to dispute but it's not looking good, especially since you didn't have your sober friend there to help explain the situation. Being in the passenger seat would have helped your case a lot more.
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Old 03-08-2009, 04:00 PM   #7
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I agree with you.

What a friend.
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Old 03-08-2009, 05:40 PM   #8
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Can anyone give me a phone number for a really good lawyer who specializes in this area?? I will pay up to $2,000.
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Old 03-08-2009, 05:45 PM   #9
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Was your key in the iginiation?? No matter rather u just turned the battery on or not.

If yes, then the officer has authority to do that.

If no, good luck on fighting ur license back.

and you cannot prove if you HAVE been driving or not when you were drunk before the officer arrested you.

EDIT: if you heater was running, then the officer was just following what he's told to do.

Last edited by cococly; 03-08-2009 at 05:50 PM.
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Old 03-08-2009, 06:07 PM   #10
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what i dont get is was your friend ALSO drinking? Cus since you were waiting for you bubby your assuming hes driving. See where im going with this? Anyways even if you have your keys close by, you can also get a dui. Just search it up i remember it was a long read in this police forum.
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Old 03-08-2009, 06:31 PM   #11
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If your friend went home with a girl then it sounds like was drunk too. I don't know of any friends that would stick around till 2am to drive me home. This is why I get dropped off and take a cab home. Don't depend on others to help you, help yourself.

Last edited by skidmark; 03-08-2009 at 08:28 PM.
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Old 03-08-2009, 06:35 PM   #12
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yea it seems like such an unfair rule to those of us that just dont DUI but i mean this rule is for the idiots that DO do it right. like i was reading up on a case where the guy's cars not even started n the keys were under the passengers chair, but jst cuz he was sitting in the driver seat, he got in trouble. cuz police say she cudda panicked and threw the keys under the seat or something.
and to answer ure question, its very unlikely that their gna drop ure case, they have quite a bit against you.. but hopefully they drop it! good luck!!
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Old 03-08-2009, 06:42 PM   #13
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Yes the key was in the ignition and the vehicle was running.

I just took a closer look at my ticket and I was actually in my vehicle from 2:00am to 5:31am when the officer arrived (I didn't know it was that long!). I also told the officer my last drink was at 1:30am. So there is a 4 hour time frame.

edit: Is there like a 3 hour time period rule? I thought I read this somewhere.

My friend does not drink because he is on some weird diet lol.

How can she smell alcohol when I haven't touched a drink in 4 hours? And I was sleeping in my car. She said that she responded to this call saying that someone saw me in my car and I looked like I was dead.

Last edited by bossxx; 03-08-2009 at 06:49 PM.
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Old 03-08-2009, 06:56 PM   #14
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Originally Posted by idga-f View Post
Yes the key was in the ignition and the vehicle was running.

I just took a closer look at my ticket and I was actually in my vehicle from 2:00am to 5:31am when the officer arrived (I didn't know it was that long!). I also told the officer my last drink was at 1:30am. So there is a 4 hour time frame.

edit: Is there like a 3 hour time period rule? I thought I read this somewhere.

My friend does not drink because he is on some weird diet lol.

How can she smell alcohol when I haven't touched a drink in 4 hours? And I was sleeping in my car. She said that she responded to this call saying that someone saw me in my car and I looked like I was dead.
So you failed a breathalizer more than 4 hours after? That's probably why she smelled the alcohol, seems like you had quite a bit to drink. You passed out from 2 am to 5:30 in the morning with the car still running, i'd say you were pretty cut
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Old 03-08-2009, 07:02 PM   #15
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So you failed a breathalizer more than 4 hours after? That's probably why she smelled the alcohol, seems like you had quite a bit to drink. You passed out from 2 am to 5:30 in the morning with the car still running, i'd say you were pretty cut
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Old 03-08-2009, 07:03 PM   #16
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I blew 120 which is 40 over. I did the breathalizer at 7:04am. I'm not gonna lie I had a few drinks. I also did not eat dinner.
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Old 03-08-2009, 08:30 PM   #17
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Is there like a 3 hour time period rule?
Yes, the three hours start counting down from the time the officer found you in the vehicle.
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Old 03-08-2009, 08:47 PM   #18
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Oh ok. Thanks skidmark. Do you have any other comments to make? Have you dealt with a situation similar to this?
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Old 03-08-2009, 09:02 PM   #19
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Unfortunately for you in this situation, you don't have to actually be driving the vehicle - just in care and control. Being in the driver seat, and with the vehicle running, that puts you in care and control as your operating it even though it's not moving.
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Old 03-08-2009, 10:34 PM   #20
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You better seek legal advice from a lawyer soon.
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Old 03-08-2009, 11:03 PM   #21
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+1.

Talk to a laywer ASAP.

The law is written so that you can be charged with a DUI even if you are not actually driving or operating the vehicle.

I strongly believe that it was never the intention of the law to be able to charge people with a DUI unless they are actually DRIVING the vehicle and putting the public at risk.

A passed out drunk trying to stay warm in a car is not a danger to the public.

If he puts the car in drive, that's a different story.

Go talk to a laywer.
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Old 03-09-2009, 04:20 AM   #22
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best of luck to you.
seems like the thread is answered, so,
sorry, but i wanna ask does idling with heaters for 3 hours do bad to cars? or the person in the car?
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Old 03-09-2009, 09:16 AM   #23
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ouuuuuu man, that sucks.

what a frd you have there, actually not a frd anymore
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Old 03-09-2009, 12:50 PM   #24
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Quote:
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A passed out drunk trying to stay warm in a car is not a danger to the public.
And that's the whole point. You would escape conviction if you could convince the court that you had no intention to set the vehicle in motion. That onus falls on you, which is why you would want to involve a lawyer. The lawyer can also take steps to put the ADP on hold and try to have the 24 hour prohibition from your driving record.

An expensive lesson in planning ahead if you intend to become impaired by alcohol during an evening out....
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Old 03-09-2009, 02:45 PM   #25
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I just called a lawyer and I am going to meet up with him tomorrow..

Gonna cost me $5,000
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