Dui....

[oakraiderz2]

Last night i was drinking at my friends house. I went out to my car and was laying in the back seat with the keys in my hand with NO intent to drive. My e brake slipped and backed into a police car that was close by. I got fvckin charged with a dui even though i wasnt driving, the keys werent anywhere NEAR the ignition and i was laying down in the back fvckin seat. Today we took my car to the shop to get the brake checked and sure enough it needed to be adjusted. So what are the chances of me actually getting charged with this crap and having to go to jail and all that bullsh*t when i didnt do ANYTHING wrong?

 

[Ken785]

take it to court bro...that sh!t was foul by the cop that "busted"
u...

 

[Bible_Belt]

lawyer up

Keep the bill from the mechanic and gather the names and phone numbers of people who can help you by submitting an affidavit that backs up your story, such as the mechanic and your friends at the party.

Colorado Revised Statute 42-4-1301
http://littleton-dui.com/Statutes/c.r.s.42-4-1301.htm

http://www.colorado-dui.com/site.html

http://www.colorado-dui.com/parts/things.html

 

[Bible_Belt]

Here is a case for you to discuss with your lawyer:

People v. Swain
959 P.2d 426
Colo.,1998.

In Colorado, a person "drove" if he or she was in actual physical control of a motor vehicle.
"Actual Physical Control" is present when a person exercises bodily influence or direction over a motor vehicle; which is to be decided by a totality of the circumstances.
Factors you may consider in deciding whether or not a person was in actual physical control of a motor vehicle, include, but are not limited to the following:
A. Where the vehicle was found;
B. Where in the vehicle the person was found;
C. Whether or not the keys were in the motor vehicle's ignition;
D. Whether or not the motor vehicle was running;
E. Any other factor which tends to indicate that the person exercised bodily influence or direction over a motor vehicle or not based on your every day experience.
No one factor listed above definitively decides whether or not a person was in actual physical control of a motor vehicle.

 

[Create Reality]

YOU PUT YOUR CAR IN PARK, OR IN FIRST GEAR WHEN IT IS TURNED OFF. wow.

 

[oakraiderz2]

I dont know if i was technically arrested, but i did have to ride to the hospital in the back of the police car. They didnt read me my rights before asking anything so does that matter?

 

[mroriginal2]

Originally posted by oakraiderz2
I dont know if i was technically arrested, but i did have to ride to the hospital in the back of the police car. They didnt read me my rights before asking anything so does that matter?

No you didnt get arrested, they do that to me all the time when Im out tresspassing in places where I skate, they take me home and give me a warning and a few days later I assume they forgot so im out again. they dont do anything unless you actualy look like you did it on purpose. oh but your 19 so I dont know how it works for adults.

 

[Xericx]

Originally posted by oakraiderz2
Last night i was drinking at my friends house. I went out to my car and was laying in the back seat with the keys in my hand with NO intent to drive. My e brake slipped and backed into a police car that was close by. I got fvckin charged with a dui even though i wasnt driving, the keys werent anywhere NEAR the ignition and i was laying down in the back fvckin seat. Today we took my car to the shop to get the brake checked and sure enough it needed to be adjusted. So what are the chances of me actually getting charged with this crap and having to go to jail and all that bullsh*t when i didnt do ANYTHING wrong?

for the most part, it doesn't matter. If you're in your car with your keys...you're techincally driving. I've heard a lot of people get DUIs for sitting in their car sobering up....I used to do that too.

I think if you're going to do this, throw the keys in the trunk and close it, then sleep. I would think that having your keys physically away from you would ensure in the future you don't get a DUI.

Just don't lock yourself out!

BUT..get a lawyer, I'm sure you can pleabargain down to an MIP (minor in Posession)

 

[oakraiderz2]

Re: Re: Dui....

Originally posted by Xericx
for the most part, it doesn't matter. If you're in your car with your keys...you're techincally driving. I've heard a lot of people get DUIs for sitting in their car sobering up....I used to do that too.

I think if you're going to do this, throw the keys in the trunk and close it, then sleep. I would think that having your keys physically away from you would ensure in the future you don't get a DUI.

Just don't lock yourself out!

BUT..get a lawyer, I'm sure you can pleabargain down to an MIP (minor in Posession)

If the keys are in the ignition its a dui for the intent to drive, which my keys clearly were not.

 

[ethnomethodologist]

How about you had the keys in your hand...

but you were so drunk you climbed into the back seat instead...

 

[Xericx]

Re: Re: Re: Dui....

Originally posted by oakraiderz2
If the keys are in the ignition its a dui for the intent to drive, which my keys clearly were not.

Nope. even if they are in your pocket, I've heard about people getting DUIs. Its a completely stupid rule, since you're obviously trying to sober up by sleeping in your car. I suppose the police would rather you sleep on the curb of the street....

 

[oakraiderz2]

Re: Re: Re: Re: Dui....

Originally posted by Xericx
Nope. even if they are in your pocket, I've heard about people getting DUIs. Its a completely stupid rule, since you're obviously trying to sober up by sleeping in your car. I suppose the police would rather you sleep on the curb of the street....

I think it differs for each state, but here i think as long as the keys arent in the ignition its not a dui. My dad did some research and thats what he told me earlier today. The cops know the law too but i think they were being *******s trying to bust a young black kid with a nice car...b*tches.