[bossxx]

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.

[CRS]

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..

[bossxx]

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.

[MarkyMark]

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.

[bossxx]

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...

[MarkyMark]

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.

[bossxx]

I agree with you.

What a friend.

[bossxx]

Can anyone give me a phone number for a really good lawyer who specializes in this area?? I will pay up to $2,000.

[cococly]

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.

[RenoMan]

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.

[chileanwinehous]

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.

[BabyblooLexus]

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!!

[bossxx]

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.

[MarkyMark]

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

[LemonH2O]

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

:werd:

[bossxx]

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.

[skidmark]

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.

[bossxx]

Oh ok. Thanks skidmark. Do you have any other comments to make? Have you dealt with a situation similar to this?

[ninjatune]

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.

[impactX]

You better seek legal advice from a lawyer soon.

[Rich Sandor]

+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.

[simsimi1004]

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?

[hi5-ive]

ouuuuuu man, that sucks.

what a frd you have there, actually not a frd anymore

[skidmark]

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....

[bossxx]

I just called a lawyer and I am going to meet up with him tomorrow..

Gonna cost me $5,000 :cry:

[InvisibleSoul]

Five thousand bucks? Holy crap...

That was one expensive hotel room you slept in.

[jeffh]

$5000 is a small price to pay when we are talking criminal record and a year with no license

[Lenzin]

5 grand is alot of money especially if this guy was being turthful about not planning on driving....
Shitty law for the honest folks but I can see it being an escape code for the drunk who "says" they were just sitting there.

[Soundy]

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.

Holy crap... you left the club at 2am, and *FIVE HOURS* later you blew a .120??? You're lucky you're still alive, nevermind facing a DUI.

Was this club in Vancouver? Be glad you didn't get nailed under the anti-idling bylaw as well! :D

[bossxx]

^ lol @ anti-idling law haha

Yea man 5 hours after. I wonder tho, how big of a difference it makes when you don't eat dinner. Because naturally we all know that drinking on an empty stomach is grounds for getting drunk quicker. I wonder how much it effects your blood alcohol level. What i'm saying is I wonder if I would have blew under had I eaten. I guess at this point it makes no difference. I am not going to argue the fact that I was intoxicated, because obviously I was.

The lawyer said he has dealt with a number of these cases when the accused is not operating the vehicle. He said there is a good chance of winning based on what I have told him thus far. He sounded confident. I always wonder though if lawyers just do this to get your money lol. Anyway i will find out more details tomorrow morning, so I will keep you guys posted if any of you guys are interested in this subject.

I agree that although $5,000 is a lot.. to me it is worth it though based on the consequences if found guilty. He said I could do monthly installments so there is a plus.

Again, I will update this thread as I go if anyone is interested.

[bossxx]

5 grand is alot of money especially if this guy was being turthful about not planning on driving....
Shitty law for the honest folks but I can see it being an escape code for the drunk who "says" they were just sitting there.

I feel as though I can argue because I was still in the night club parking lot, and a drunk guy has to stay warm. Had I passed out 10 km's from my drinking location and parked on the side of the road that would be a diff story. I can also see how a drunk driver swerving around and then seeing a cop, parking and pretending like he was there the whole time.. thats where this law comes into play I think.

The officer said she got a call because there was a guy sleeping/ looking dead in an idling car. So from that point, to the time she came to see me I was still sleeping. She woke me up. How can I have intent to drive under these circumstances? At no point in time was I witnessed driving my vehicle or intending to do so. Anyway, I am not a lawyer but I will find out more info tomorrow.

[impactX]

and see if your friend can prove your side of the story.

[Soundy]

and see if your friend can prove your side of the story.

Yes... we'll need pics of the chick he went home with!

[mmmk]

Yes... we'll need pics of the chick he went home with!

:thumbsup:

[Adsdeman]

Sorry man but u had the car running, drunk sitting inside it i dont think there is anyway u can get out of this 1. I always make sure my keys are outside the car when im hammered or sitting ter gettin stoned, that way after the blaze i grab my keys from outside, under my wheel and im off!

oh and lawyers are always confident when ur paying them!!!

[CRS]

Sorry man but u had the car running, drunk sitting inside it i dont think there is anyway u can get out of this 1. I always make sure my keys are outside the car when im hammered or sitting ter gettin stoned, that way after the blaze i grab my keys from outside, under my wheel and im off!

oh and lawyers are always confident when ur paying them!!!

Did you not read this thread at all?

[Adsdeman]

Did you not read this thread at all?

yes thanks u prick!

[bossxx]

Went to go see my lawyer today.. couple things.

One thing I was able to collect today that will be useful. Apparently at the times between 3:42am and 3:47am I made 8 calls to 5 different friends. None of the calls were successful (all voicemail). I checked my berry call logs this morning. I do not remember doing this (lol). However this is key because it shows that I had made attempts to contact people possibly for a ride. I feel like I got roofied or something because I honestly do not remember this at all haha. Anyway, my lawyer needs to see the call logs from my phone bill indicating this.

Overall my lawyer was relatively impressed with my case and that he was fairly confident in winning.

So after I left he told me I have to go to a driver services center to dispute my 90 day driving prohibition which would commence 21 days after the incident. I say ok so I go to the driver service center and apparently the officer forgot to check off the boxes required for this particular form. Long story short, the 90 day prohibition is considered NULL and VOID. I was like holy shit. She issued me a new license on the spot (yellow piece of paper) and I will be getting my license back in the mail. I asked her about my court date regarding my DUI charges and she said it was null and void as well.

I called my lawyer and told him this and he said that he is not sure if the DUI charges are actually null and void as well because sometimes the ppl working at the driver centers don't really know what they're talking about haha. So basically ICBC is going to be sending me a letter stating what happened and if the DUI charges will still commence or not. On top of that, the lady at the services center said that the officer has one year to redo this piece of paper to put it back into gear. I hope she does not do this of course but I guess only time will tell.

For now I feel like i've dodged a bullet, even though I gave the lawyer $1,000 today haha. I will probably hear from ICBC in a month so at that time I will update this thread.

[Rich Sandor]

Well, I hope it all works out for the best for you.

But more importantly, let's make sure none of us get ourselves, or our friends, into this situation. spread the word.

[optiblue]

dang... next time sit in the passenger seat!!! best of luck to your dispute!!

[dicecube]

For some reason, I think that your lawyer is trying to milk you for more money.

[bossxx]

I know. I do not support driving under the influence ever. Even if you have to take a cab somewhere, just do it. I have told a lot of my friends already (especially my friends who go clubbing frequently) about what happened to me on the weekend and a lot of them were not aware of the details of this "care and control" rule.

[sebberry]

"Care and control" also means that you can be charged for DUI even if you are not in the car but have the key on your person. Yes, this includes walking to your car to fetch a CD.. or even your pillow so you can crash at your friend's place.

I would also say that turning on the car from the passenger seat falls under the "operating a vehicle" category.

Unfortunately we live in a world where while the officer could simply help you call a cab and see that you got into it safely, she would rather arrest you and charge you with a criminal offense.

[sho_bc]

Unfortunately we live in a world where while the officer could simply help you call a cab and see that you got into it safely, she would rather arrest you and charge you with a criminal offense.

Except that we also live in a world where people can, and DO hop in the cab, drive around the block to get dropped off, and wait for the police to leave the location, jump back into their vehicle, and drive away.

[sho_bc]

I feel like I got roofied or something because I honestly do not remember this at all haha.
Drinking so much that you blow a 120 5 hours AFTER drinking, means you were probably around 200 which is quite intoxicated. Drinking that much, its no wonder you don't remember much.


I asked her about my court date regarding my DUI charges and she said it was null and void as well.
I called my lawyer and told him this and he said that he is not sure if the DUI charges are actually null and void as well because sometimes the ppl working at the driver centers don't really know what they're talking about

ICBC doesn't have any say in whether or not charges proceed or not, nor do they have access to the police investigation details from their front counter/customer service counter. If your lawyer is unaware of this, or saying that he's not sure, I'd seriously consider getting a different lawyer.

[sebberry]

Except that we also live in a world where people can, and DO hop in the cab, drive around the block to get dropped off, and wait for the police to leave the location, jump back into their vehicle, and drive away.

Ok, so then haul the guy off to the drunk tank until he sobers up. No need to turn him into a criminal for trying to keep warm in his car.

Reasonable people get themselves into sticky situations sometimes. The OP was being reasonable, had arranged a friend to drive him home but unfortuantely the friend ditched him, leaving him to pass out in the passenger seat.

We wonder why there is so much resentment towards the police.

[sho_bc]

We wonder why there is so much resentment towards the police.

The people I get the most resentment from, are the people that don't believe that what they did is wrong, or should be given a break "because it is their first time". More often that not, it isn't their first time doing it, its simply the first time being caught. Now, it might actually be their first time, but people lie. Frequently. We also get lots of resentment from people who know people who had a difficult experience with the police, or have read about someone having a difficult experience with the police. Those people rarely have the whole story. Those same people love the police when they need their help, but dislike them the rest of the time.

The people who we deal with lots (eg. gang members, drug addicts, frequent offenders, etc etc etc) are mostly friendly with us, even when bringing them back to the detachment after being arrested. the difference is that they're aware that they're doing illegal stuff and understand that our JOB is to arrest people for committing offenses. It isn't our job to play babysitter.

[zulutango]

The problem with getting into vehicles when you are impaired is that legally and physically you have "care & control" while impaired. In this very case here the poster is surprised to find that he was still hammered several hours after he stopped drinking..and that is the crux of the matter. Impaired people are "impaired" mentally and physically and the only way to get "unimpaired' is by time. Until you are not impaired, you ARE impaired. I have come across many impaired drivers who thought they were OK after drinking hard at a party the previous night and then driving to work as late as the afternoon of the next day. They were still legally impaired.

If that parked vehilce was, for whatever reason, operated by the sleeping impaired operator, they would be problems. If there were no keys in the vehicle anywhere, the
driver had no access at all to them (someone took the only set away from the car) and you were in the back seat, then there should be no problem. In my experience, that is the position the courts take. An impaired person sitting in a car with the engine running, in the front, is a problem waiting to happen. None of the sleeping drunks had any intention of driving drunk..but they would have. Many woke up after a few hours and figured they were OK, then started driving. As others have suggested, you should be speaking with a lawyer. The Cops are not out to "get" you.....they deal with sleeping impaired drivers and the consequences. They also deal with people who lie to them many times a shift. If you think it is harsh persecution because they remove an impaired driver with care and control, try talking to MADD to see the point of view they have.

[underscore]

one thing you should not mention when in court, was that bit about how you probably would've slept til 6 if the officer didn't wake you up, as you blew a 120 at 7 and would've still be drunk at 6am.

you would've been a lot better off sleeping in the passenger seat tho.


p.s. do you have a fob or did you scratch the hell out of your door trying to get in when you were that pissed haha