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Author
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Topic: DUI whats your thoughts?
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Jdub07
( O Y O )
Member # 2728
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posted
 
 
I was off the freeway in an area where semi truckers pull over to take a cat nap. I put the keys in the trunk of the car. Some time later I got out of the car and was taking a leak when the fuzz pulled up.
So what are your thoughts on getting a dui for not driving, not being in the car, having no proof I drove the car there and the keys were in the truck of the car?
Just wondering.
Posts: 7282 | Registered: Apr 2003
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Mr.Lucky
CAFords OG
Member # 1772
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posted
Laywer up! You took precautions, car was not in motion, keys were locked in the trunk as a way a proving you weren't driving. Dui first word is DRIVING which you weren't. If anything drunk in public, but not dui. Lawyer up, strap on your boots, and hold on for a fight. Good luck.
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95GT: Bolt ons.
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Posts: 4197 | From: Manteca | Registered: Sep 2002
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macthizzle
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Member # 3492
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posted
i think u have the case won. Inocent til proven guilty right?
My boy had a dui changed to a wet wreckless because he blew a 0.09 but he was driving 50 in a 25.
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"FUCK U PAY ME"
Posts: 992 | From: REDWOOD CITY | Registered: Oct 2003
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2stangs69-91
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Member # 1951
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posted
how were you going to get the keys out of the trunk?
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69 Mustang on hold
1991 LX hatch getting a make over
1994 F150 4X4 351
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Posts: 3711 | From: Redding | Registered: Oct 2002
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Chris C.
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Member # 1949
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posted
I would think the DA could ask how you got to the truck stop... did you drive there, and think u are too drunk to drive more and sleep it off? or did you just drink at that place and didnt leave at all?
Either way, i would definitely lawyer up!
Also s side note:
You have a certain time period to file with the DMV to keep you DL. if you miss that time frame, you will automaticly lose you DL for I think 30days.
The DMV punishment and the court punishment are 2 different things.
Hope all goes well.
Posts: 636 | From: San Jose, Ca | Registered: Oct 2002
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03SVTPower
CAFords OG
Member # 518
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posted
quote:
Originally posted by Chris C.:
I would think the DA could ask how you got to the truck stop... did you drive there, and think u are too drunk to drive more and sleep it off? or did you just drink at that place and didnt leave at all?
Either way, i would definitely lawyer up!
Also s side note:
You have a certain time period to file with the DMV to keep you DL. if you miss that time frame, you will automaticly lose you DL for I think 30days.
The DMV punishment and the court punishment are 2 different things.
Hope all goes well.
he could say thats where he was dropped off, he met someone there earlier for a ride from truck stop, upon arrival he felt unable to drive, i would also make sure to say i was napping in passenger seat
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2003 Redfire "AED" Cobra R.I.P
Posts: 3481 | From: Nor-Cal | Registered: Oct 2001
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RODRIGUEZ
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Member # 9104
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posted
Straight bullshit, definitely get yourself a lawyer.
Tell them that your sober friend was driving but left on foot when he saw the police questioning you....
Posts: 1182 | From: East Bay | Registered: Apr 2009
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wilit
Mustang Messiah
Member # 3367
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posted
Get a good lawyer. A really good one should be able to get that thrown out without even having to go to trial.
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"If a man hasn't found something worth dying for, he isn't fit to live." - Martin Luther King Jr.
Posts: 4793 | From: 37.78514° North 122.40100° West | Registered: Oct 2003
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phonso302
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Member # 9260
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posted
my uncle won something similar he fell asleep in his truck with the keys in the passenger side seat.he got booked for dui.went to his hearing and got it thrown out right away.
The da will have to prove how you got there,that you drove, and had the intention of driving away.You can probably can get a public defender to win your case if you truly had the keys in the trunk and you are 100% sure no one saw you driving there and called the cops... did you get booked or a promise to appear
Posts: 1820 | From: PINOLE | Registered: Jun 2009
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Rigo5.0
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Member # 5247
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posted
Damn, this is why so many folks can't stand cops. I'm not saying they all do BS like this, but F**K! It's obvious you were trying to do the right thing.
Good luck! Definitely get an attorney!
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91 5.0 [331|T56]
87 Grand National
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Posts: 1454 | From: Kansas City | Registered: Jan 2005
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phonso302
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Member # 9260
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posted
quote:
Originally posted by Rigo5.0:
Damn, this is why so many folks can't stand cops. I'm not saying they all do BS like this, but F**K! It's obvious you were trying to do the right thing.
Good luck! Definitely get an attorney!
just remember there is always two sides to a story and then there is the TRUTH...
maybe someone saw him driving and phoned 911. based off his post I am making the assumption he did drive there .The right thing would have been not driving off from where he was at partying but thats life we live and we learn
Posts: 1820 | From: PINOLE | Registered: Jun 2009
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Luke87GT
Lay'n more stripes
than Caltrans
Member # 21
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posted
Oh man, this outcome will be interesting.
If they never saw you in the car, it will be difficult for them to get you on this.
But it's possible that you may not know what information the police officer has on you. Did they see you drive there? Did someone phone into the police complaining about something you did? Was the engine warm when they showed up? It will be hard to predict what angle they take against you on this.
But one thing has high probability. You got the DUI because they have a good story against you.
Best of luck and keep us updated on the outcome!
CAFORDS CSI NATION!!!
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Stangless
Posts: 7802 | From: San Mateo | Registered: Jul 2000
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Rigo5.0
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Member # 5247
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posted
Well yes, there is always two sides to a story. I lean towards his side because this happened to a buddy of mine a while back.We left a club (thinking he was fine) and drove for about 2 miles, stopped because he wasn't, threw the keys under the seat, fell asleep, and here comes our knight in shinning armor to give a DUI! Complete BS.
If this happens to anyone else in the future, just runaway from your Fukn car!!!
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91 5.0 [331|T56]
87 Grand National
02 Z06
08 Challenger SRT8
13 Shelby GT500
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14 Camaro SS
Posts: 1454 | From: Kansas City | Registered: Jan 2005
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Luke87GT
Lay'n more stripes
than Caltrans
Member # 21
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posted
quote:
Originally posted by Rigo5.0:
Well yes, there is always two sides to a story. I lean towards his side because this happened to a buddy of mine a while back.We left a club (thinking he was fine) and drove for about 2 miles, stopped because he wasn't, threw the keys under the seat, fell asleep, and here comes our knight in shinning armor to give a DUI! Complete BS.
If this happens to anyone else in the future, just runaway from your Fukn car!!!
Does anyone know what the law states exactly on this matter? I seem to remember (from my drinking days), that you cannot be in your car drunk. Matters not if the car is turned off or you are in the passenger seat. At that point it is at the disgression of the officer if he wants to hand out the ticket or not.
And ladies and gentlemen, here is the reason why Cops prefer not to fuss around with this sort of thing:
You are out there in the middle of nowhere in the passenger seat. You are over the legal limit. An officer stops by and investigates the situation and confirms you are legally drunk. You promise the officer that you will sleep in the car and not drive it until the morning. The officer leaves. You get in the car and kill somone via vehicular manslaughter. Guess who is in BIG trouble now? Hint: It's not just you (assuming you survived the crash)... why would any cop in their right mind take that chance?
Now I have heard of Police Officers taking the keys, tossing them into the car, locking the door, and allowing you to call for a ride. But again, that's at their disgression.
I can see both sides... tough situation.
Additionally, I am no lawyer, but does the officer have to catch you in the act? That's certainly not the case with murder, rape, or theft, right? There just needs to be conclusive evidence to convict? I can see how traffic violations would be different however.
[ May 19, 2010, 05:59 PM: Message edited by: Luke87GT ]
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Stangless
Posts: 7802 | From: San Mateo | Registered: Jul 2000
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Rigo5.0
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Member # 5247
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posted
quote:
Originally posted by Luke87GT:
quote:
Originally posted by Rigo5.0:
Well yes, there is always two sides to a story. I lean towards his side because this happened to a buddy of mine a while back.We left a club (thinking he was fine) and drove for about 2 miles, stopped because he wasn't, threw the keys under the seat, fell asleep, and here comes our knight in shinning armor to give a DUI! Complete BS.
If this happens to anyone else in the future, just runaway from your Fukn car!!!
Does anyone know what the law states exactly on this matter? I seem to remember (from my drinking days), that you cannot be in your car drunk. Matters not if the car is turned off or you are in the passenger seat. At that point it is at the disgression of the officer if he wants to hand out the ticket or not.
And ladies and gentlemen, here is the reason why Cops prefer not to fuss around with this sort of thing:
You are out there in the middle of nowhere in the passenger seat. You are over the legal limit. An officer stops by and investigates the situation and confirms you are legally drunk. You promise the officer that you will sleep in the car and not drive it until the morning. The officer leaves. You get in the car and kill somone via vehicular manslaughter. Guess who is in BIG trouble now? Hint: It's not just you (assuming you survived the crash)... why would any cop in their right mind take that chance?
Now I have heard of Police Officers taking the keys, tossing them into the car, locking the door, and allowing you to call for a ride. But again, that's at their disgression.
I can see both sides... tough situation.
Additionally, I am no lawyer, but does the officer have to catch you in the act? That's certainly not the case with murder, rape, or theft, right? There just needs to be conclusive evidence to convict? I can see how traffic violations would be different however.
I understand the part of not wanting to be liable in case something did happen. So instead, why not do as mentioned- lock the keys in the car or even tow the car. Obviously the driver's intent was to not make a regretful mistake, so why not take that into consideration? I think DUI laws should be tough, but they shouldn't be so black and white.
[ May 19, 2010, 06:14 PM: Message edited by: Rigo5.0 ]
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91 5.0 [331|T56]
87 Grand National
02 Z06
08 Challenger SRT8
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Posts: 1454 | From: Kansas City | Registered: Jan 2005
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5LiterSpeeder
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Member # 8234
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posted
Get a lawyer....
When I got my DUI I was definetly in the wrong. I was "racing" my buddy on the freeway and they radar'd me at 118mph and him at 109mph but because the radar was flashing 118/109 they couldnt stick either of us for the actual reading and ended up giving both of us 104+'s. I got a lawyer hoping to drop the DUI( i blew .10) but he ended up dropping the exibition of speed 100+ instead.
There was a girl in my DUI class that got her's the same way as you,didn't get a lawyer and got stuck with all the penalties and fines...shitty thing being that she may have gotten out of it if she tried.
If I were you i'd request a DMV hearing and extend the hell out of it to keep your license as long as possible. It needs to be done within the first 10 days fyi. GOOD LUCK!
I paid off my DUI yesterday with unemployment ![[patriot]](graemlins/patriot.gif) ![[Big Grin]](biggrin.gif)
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93'Ex 4cyl Notch TFS H/C/I 3.55s 4 wheel Cobra brakes, V2-SQ, 14 psi
RIP BRANDON, SILVERLX-
Posts: 561 | From: Healdsburg | Registered: Feb 2008
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Eddie510-
CAFords OG
Member # 2354
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posted
Yeah get one jdub .. Thats G's for a dui ... Thats bullshit... glad you did the right thing ... Dont you kind of feel like you should of just drove home,lol ..bullshit
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"I like to be more politicaly correct than what I really believe so I can get more frinds here on CaFords"-Cummings "TIPICKLE"
Posts: 6557 | Registered: Jan 2003
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Luke87GT
Lay'n more stripes
than Caltrans
Member # 21
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posted
quote:
Originally posted by Rigo5.0:
quote:
Originally posted by Luke87GT:
quote:
Originally posted by Rigo5.0:
Well yes, there is always two sides to a story. I lean towards his side because this happened to a buddy of mine a while back.We left a club (thinking he was fine) and drove for about 2 miles, stopped because he wasn't, threw the keys under the seat, fell asleep, and here comes our knight in shinning armor to give a DUI! Complete BS.
If this happens to anyone else in the future, just runaway from your Fukn car!!!
Does anyone know what the law states exactly on this matter? I seem to remember (from my drinking days), that you cannot be in your car drunk. Matters not if the car is turned off or you are in the passenger seat. At that point it is at the disgression of the officer if he wants to hand out the ticket or not.
And ladies and gentlemen, here is the reason why Cops prefer not to fuss around with this sort of thing:
You are out there in the middle of nowhere in the passenger seat. You are over the legal limit. An officer stops by and investigates the situation and confirms you are legally drunk. You promise the officer that you will sleep in the car and not drive it until the morning. The officer leaves. You get in the car and kill somone via vehicular manslaughter. Guess who is in BIG trouble now? Hint: It's not just you (assuming you survived the crash)... why would any cop in their right mind take that chance?
Now I have heard of Police Officers taking the keys, tossing them into the car, locking the door, and allowing you to call for a ride. But again, that's at their disgression.
I can see both sides... tough situation.
Additionally, I am no lawyer, but does the officer have to catch you in the act? That's certainly not the case with murder, rape, or theft, right? There just needs to be conclusive evidence to convict? I can see how traffic violations would be different however.
I understand the part of not wanting to be liable in case something did happen. So instead, why not do as mentioned- lock the keys in the car or even tow the car. Obviously the driver's intent was to not make a regretful mistake, so why not take that into consideration? I think DUI laws should be tough, but they shouldn't be so black and white.
I see your point, however...
By locking the keys in the car, the driver can easily get to them if he so chooses (spare keys, broken window, etc). As far as towing goes, under what grounds? You can't tow a car because someone is drunk right, unless they are getting a DUI?
I absolutely 100% agree with you that if someone's intent is to stop driving the car due to having too much, well, that should be taken into account...
I've slept in my car in my younger years for being too drunk and not wanting to risk DUI, but I was always on edge about it. Therefore I am very curious how this turns out.
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Stangless
Posts: 7802 | From: San Mateo | Registered: Jul 2000
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Luke87GT
Lay'n more stripes
than Caltrans
Member # 21
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posted
.
[ May 19, 2010, 08:21 PM: Message edited by: Luke87GT ]
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Stangless
Posts: 7802 | From: San Mateo | Registered: Jul 2000
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essasin
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Member # 4741
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posted
I know someone that got a DUI for sleeping in their car while their car was in the parking lot across the street from the bar. He was sleeping in the car with his keys in his pocket. He got a lawyer and won the case without even going to court. He paid 6k up front for the lawyer but it was money well spent.
Posts: 2402 | Registered: Jul 2004
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Luke87GT
Lay'n more stripes
than Caltrans
Member # 21
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posted
So what does the law state?
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Stangless
Posts: 7802 | From: San Mateo | Registered: Jul 2000
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NorCalRydaz
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Member # 3233
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posted
If you got a DUI or any other ticket. Let me know. I got a bad ass Lawyer and he's hella koo. He stays here in the South Bay and got me off twice already.
Posts: 2963 | From: San Jo | Registered: Sep 2003
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JohnCM
CAFords OG
Member # 1076
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posted
whats the real story? ![[Confused]](confused.gif)
Posts: 3545 | From: Roseville | Registered: Mar 2002
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BIGBALLFACTOR
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Member # 7277
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posted
here the real fucking ? way in the fuck did your dumdass call a cab for a ride home then you wouldn't have a dui coming your way.i know this is harsh to be saying but my little sister was it by a drunk driver an if dude was sober she would have not got hit an hurt
Posts: 6908 | From: okc | Registered: Dec 2006
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SantaClara_Cobra
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Member # 9488
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posted
DUI fighter my friend..
i was 19 and flipped an illegal bitch to avoid the check point car i turned in front of happend to be a cop. cop wrote in the report that i made a u turn but didnt put illegal u turn so i was good to go dui fight caught that 1
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Posts: 1399 | From: San Jose | Registered: Sep 2009
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