What should the cops do? (Drunk but not yet driving)

[JoeMoma]

it could be that he had intended to drive but passed out at the wheel before putting the car in motion. The cops could have got the gut for public intoxication if they really wanted to charge him with something

The guy that was arrested from the video did not pass out,

 

[okfine]

Cops are called about an intoxicated man who went out from a bar to his car. I presume the caller believes the man is going to drive. drunk. The police arrive to find the man sitting behind the wheel of the car with the engine running, but the car has not moved, legally parked. Should the police arrest him for DUI at this point?

Keys in the ignition or engine running is intent to drive. LE's discretion to arrest or have the guy call for a ride.

 

[Vastator]

It seems to me that it would be valid for the law to consider anyone who is at the controls of a vehicle, while the vehicle's engine is running, to be “driving” that vehicle, even if the vehicle has not actually in motion. Surely, you are considered to be driving, if you are stopped at a stop light.

On the other hand, it could be a valid defense that the engine is running only because the occupant wants heat or A/C, and the occupant could claim to have had no intention of actually causing the vehicle to move.

That's what the courts are for.

 

[okfine]

View attachment 745700

Standing is considered driving even though vehicle is motionless because driver is considered in control.

 

[Vastator]

Standing is considered driving even though vehicle is motionless because driver is considered in control.

100% correct.

 

[Vastator]

Standing is considered driving even though vehicle is motionless because driver is considered in control.

Correct. Motion has no overbearing rule on "operation" of a vehicle. Putting keys into the ignition is basic part of operation of said vehicle.



I hate wearing "cop" hat...

 

[okfine]

Correct. Motion has no overbearing rule on "operation" of a vehicle. Putting keys into the ignition is basic part of operation of said vehicle.



I hate wearing "cop" hat...

VPD Officer Hernandez used discretion with me more than once when I was drunk with the keys in the ignition.

 

[Vastator]

VPD Officer Hernandez used discretion with me more than once when I was drunk with the keys in the ignition.

I've been fortunate myself. Truth be told...

 

[EvilCat Breath]

Yes. He would be arrested for drunk driving anyplace.

 

[iamwhatiseem]

Cops are called about an intoxicated man who went out from a bar to his car. I presume the caller believes the man is going to drive. drunk. The police arrive to find the man sitting behind the wheel of the car with the engine running, but the car has not moved, legally parked. Should the police arrest him for DUI at this point?

In my limited knowledge, I believe it comes down to two things...
1) Is the engine running
2) Is the car parked on a public roadway.
I believe if these two conditions are yes - then you can be charged with DUI.

 

[Vastator]

In my limited knowledge, I believe it comes down to two things...
1) Is the engine running
2) Is the car parked on a public roadway.
I believe if these two conditions are yes - then you can be charged with DUI.

Varies from municipality, to municipality...

 

[there4eyeM]

Presumption of innocence used to be the rule. The Supreme Court allowed the change when MADD forced unconstitutional practices on us all.

 

[Vastator]

Presumption of innocence used to be the rule. The Supreme Court allowed the change when MADD forced unconstitutional practices on us all.

MADD, for all the things I could shit on them about... Made an overall positive change in highway fatalities. No! I can't go to a bar and put back 5 pints, knowing;" I won't be that guy that kills someone". But no one is, until they do.

 

[iamwhatiseem]

Varies from municipality, to municipality...

I agree with the judge for what it is worth.
She is using common sense, which is VERY important to being a fair judge.
"It is reasonable to believe the defendant had the engine running to use the cars heater as witnesses saw he sat in it for 3-4 minutes before officers arrived".
Around here, most cops would not arrest a person in these circumstances. But would make sure there is someone to drive him home and warn him about trying to come back and get the car later that night.

 

[there4eyeM]

Acceptance of presumption of guilt has proven to be the slippery slope so often talked about.

 

[Vastator]

I agree with the judge for what it is worth.
She is using common sense, which is VERY important to being a fair judge.
"It is reasonable to believe the defendant had the engine running to use the cars heater as witnesses saw he sat in it for 3-4 minutes before officers arrived".
Around here, most cops would not arrest a person in these circumstances. But would make sure there is someone to drive him home and warn him about trying to come back and get the car later that night.

Discretion is a thing.

 

[RetiredGySgt]

Discretion is a thing.

In Texas having the keys in the ignition is being in control of the vehicle and you can be charged I know because my dad was a drunk and passed out at the wheel dropping the keys under the seat when the cops got there they couldnt charge him because he didnt have the keys. and he was in our drive way so he wasnt in the public.

 

[Vastator]

In Texas having the keys in the ignition is being in control of the vehicle and you can be charged I know because my dad was a drunk and passed out at the wheel dropping the keys under the seat when the cops got there they couldnt charge him because he didnt have the keys. and he was in our drive way so he wasnt in the public.

Again... The specifics of this vary, depending on locale...

 

[Vastator]

If he was not on a public roadway they cannot legally charge him. Note that unless there is personal injury the police cannot charge someone with accidently damaging another vehicle on private property.

Again, municipality... In Maine, a person can be arrested for driving under the influence; even on private property. Driving rights aren't a "Constitutional" issue, wink, wink... As such; the sovereign has free rein, to dictate the rules.

 

[JoeMoma]

Again, municipality... In Maine, a person can be arrested for driving under the influence; even on private property. Driving rights aren't a "Constitutional" issue, wink, wink... As such; the sovereign has free rein, to dictate the rules.

So in Main it would be illegal to drive under the influence on an obstacle course made with cones in a private lot for the purpose of showing the effects of being impaired. Interesting.