quote:

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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.

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quote:

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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!

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quote:

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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!!!

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quote:

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Originally posted by Luke87GT:

quote:

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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!!!

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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.

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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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Posted by 5LiterSpeeder (Member # 8234) on :
 
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
 

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Posted by Eddie510- (Member # 2354) on :
 
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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Posted by Luke87GT (Member # 21) on :
 

quote:

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Originally posted by Rigo5.0:

quote:

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Originally posted by Luke87GT:

quote:

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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.

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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.

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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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Posted by Luke87GT (Member # 21) on :
 
.

[ May 19, 2010, 08:21 PM: Message edited by: Luke87GT ]
 

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Posted by essasin (Member # 4741) on :
 
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.
 

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Posted by Luke87GT (Member # 21) on :
 
So what does the law state?
 

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Posted by NorCalRydaz (Member # 3233) on :
 
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.
 

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Posted by JohnCM (Member # 1076) on :
 
whats the real story?
 

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Posted by fasthatch (Member # 7277) on :
 
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
 

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Posted by SantaClara_Lx (Member # 9488) on :
 
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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Posted by BlackNGold (Member # 655) on :
 

quote:

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Originally posted by Jdub07:
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.

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How did you get there?...Putting the keys in the trunk is almost an admission to guilt..Was anyone else with you, if not, then who else drove?...You were there some time, and you were still over the legal limit?????

I hope you get off JDUB, but sometime you have to realize that you shouldn't put yourself in these situations....
 

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Posted by Jdub07 (Member # 2728) on :
 
I agree I shouldn't have even got in the car to begin with.

In this case there is only one side of the story,...the truth. They never touched the hood of the car. They seriously didn't give a shit. There were 3 cop cars and like 5 cops all of them with TMS (tough man syndrom).

They verbally harrased my passenger and threatened to arrest her if she didn't answer their questions.

They took joy out of asking me the same questions over and over trying to confuse me, laughing and walking around me in circles. I figured they were trying to determine if I was lying. They actually started talking shit to me trying to piss me off. Making fun of my shirt I had on,...stupid shit. Cusing at me when I stopped answering their questions. Since they never read me any rights I figured I've nothing left to say. I told them everything and they were just egging me on. Then trying to scare me into thinking I'm going to jail for a week. At the station one of them tossed all my cash on the floor and ordered me to pick it up, I just stared at him until they finally took me all the way inside, I never saw the money again. They refused to tell me what my BAC was so I still don't even know.

By far the worst cops I've ever delt with. I was very cooperative until they started harrasing me. Then I just stopped talking. They didn't give a shit if I was driving, walking, flying or anything.

I have a lawyer,...hired her yesterday. She's already taken care of the DMV thing so I can keep my license until this is all worked out.

THE BEST PART!!! When they found the keys they took the ignition key off the ring and put it in my pocket once the handcuffs were on me.
 

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Posted by SAMACH1 (Member # 7042) on :
 
Nobody gets it until there the ones in handuffs being treated like shit, best of luck to you J Dub hope all goes in your favor, seems like you were tryin to do the right thing and got fucked for it...
 

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Posted by 302n/a (Member # 1465) on :
 
damn what some assholes fuck pigs what city was this in?
 

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Posted by turbo50 (Member # 6700) on :
 
Guarantee it was in livermore or pleasanton.

My wife got a DUI in livermore. She pulled over and had the keys out of the ignition too. They still nabbed her for DUI and talked hella shit to her.

Santa Rita sux and anyone that has been there can tell you that.

Alameda county court fuckin sux too.

We lawyered up, cost $7500 and she still got convicted and had to pay all the shit.

Cost $15K total.


Good fuckin luck.
 

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Posted by 89TRUNK (Member # 2506) on :
 
Lookup 40300.5 (b)(c)(d) vc you can still get arrested for DUI for not actually being caught driving.

http://www.dmv.ca.gov/pubs/vctop/d17/vc40300_5.htm

[ May 20, 2010, 06:21 PM: Message edited by: 89TRUNK ]
 

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Posted by Jdub07 (Member # 2728) on :
 

quote:

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Originally posted by turbo50:
Guarantee it was in livermore or pleasanton.

My wife got a DUI in livermore. She pulled over and had the keys out of the ignition too. They still nabbed her for DUI and talked hella shit to her.

Santa Rita sux and anyone that has been there can tell you that.

Alameda county court fuckin sux too.

We lawyered up, cost $7500 and she still got convicted and had to pay all the shit.

Cost $15K total.


Good fuckin luck.

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quote:

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Originally posted by 89TRUNK:
Lookup 40300.5 (b)(c)(d) vc you can still get arrested for DUI for not actually being caught driving.

http://www.dmv.ca.gov/pubs/vctop/d17/vc40300_5.htm

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quote:

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Originally posted by liftedF150:
Was this all in front of a officer car? Dont they have video cameras on the front of most cop cars now? Wonder if any of it was caught on video? Was it livermore PD? Sounds like some bs that happened to you and I know there are some asshole livermore PD but thats the same with any PD. Sounds like you did everything right, how did you get to the truck stop though?

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quote:

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Originally posted by 50Reasons:
Have a girlfriend come to court saying you were acting like an asshole and drove you there and left you there knowing you were to drunk to drive so someone picked her up and left you to sober up

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quote:

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Originally posted by 50Reasons:
Have a girlfriend come to court saying you were acting like an asshole and drove you there and left you there knowing you were to drunk to drive so someone picked her up and left you to sober up

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