Anyone Fought or won a DUI case where they were in a running car but it wasn't even moving?

TheNinja

TheNinja

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Long story short. Feel asleep with my car running. Never "drove" my car drunk. Got popped for DUI. I complied with all officer's commands. Do I have a change to fight/beat this thing? It's bullshit b/c I didn't drive drunk . i stoppped 3 blocks from my house and drank too mjuch so I slept. It was cold out so I kept my car running. I wasn't going to drive afer that. I could have walked home.

So anyway, in California can I fight it b/c technically the car never moved nor did I drive under the influence while I was drunk inside of it. I might have to get a lawyer on this one though. I just don't see how they can prove I drove under the influence when I didn't. Beyond a reasonable doubt a jury should side with me right?

EDIT Talked to a lawyer. $4500 to handle the case from front to back!!! Yikes. - Plus $3750 to prepare to take it to trial and fight it over the course of 6 months or more.

Update 11/21 - My case in FINALLY over. I was charged with a DUI with a BAC of .23 . After a lot of time and playing a stressful game of "poker" or "who will blink first" my genius awesome attorney was able to get me a "wet and reckless WITH a helmandollar". Plus got all my fines waved and I only need to do 1 course online for 12 hours vs a 9 month DUI school every week!

The downside of wet and reckless is that it's basically probation and can be counted as a "prior" if I get another DUI. No drinking and driving for me EVER!
 
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Your ignition was running and you're over the legal limit it's automatic dui. Don't waste your money on a lawyer take your punishment like a man and that's it sorry bud.
 
andyjeezy said:
Your ignition was running and you're over the legal limit it's automatic dui. Don't waste your money on a lawyer take your punishment like a man and that's it sorry bud.
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yea man, sorry but you are boned. they say you are supposed to leave your keys on top of the vehicle if you are inside of it drunk. sucks because I totally get wanting to sleep with the car on when its cold.

why did you stop so close to home and then get drunk in your car? thats...odd
 
TheNinja said:
Long story short. Feel asleep with my car running. Never "drove" my car drunk. Got popped for DUI. I complied with all officer's commands. Do I have a change to fight/beat this thing? It's bullshit b/c I didn't drive drunk . i stoppped 3 blocks from my house and drank too mjuch so I slept. It was cold out so I kept my car running. I wasn't going to drive afer that. I could have walked home.

So anyway, in California can I fight it b/c technically the car never moved nor did I drive under the influence while I was drunk inside of it. I might have to get a lawyer on this one though. I just don't see how they can prove I drove under the influence when I didn't. Beyond a reasonable doubt a jury should side with me right?
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You fucked sorry bro.

Had a mate get done by having the keys in the ignition to have the heater going, car not even running and he still got done DUI (he was planning to sleep it off in the car)
 
TheNinja said:
Long story short. Feel asleep with my car running. Never "drove" my car drunk. Got popped for DUI. I complied with all officer's commands. Do I have a change to fight/beat this thing? It's bullshit b/c I didn't drive drunk . i stoppped 3 blocks from my house and drank too mjuch so I slept. It was cold out so I kept my car running. I wasn't going to drive afer that. I could have walked home.

So anyway, in California can I fight it b/c technically the car never moved nor did I drive under the influence while I was drunk inside of it. I might have to get a lawyer on this one though. I just don't see how they can prove I drove under the influence when I didn't. Beyond a reasonable doubt a jury should side with me right?
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Our DA needs officers to see you in control of the vehicle and have some movement. Some movement can be literally shifting from drive to park and the car rolling slightly but just ignition running does not cut it for us to hook.

Only exception is CVC 40300.5, which deals with crashes.

Consult an attorney. And dont be a dumb shit and drink and get in your car. Thats why Uber and Lyft are around.
 
If they breathalysed you pretty sure its case closed.
 
Was in backseat with girlfriend after second Sunday high as a mofo. Car running, music playing. Cop pulled up and asked why engine was running. Told him so battery doesnt die. He left but cops started turning on lights behind me, I'm guessing so I drive the car so they can arrest me. We had to just walk to the afterparty coming down. It was hell. Lol
 
I don't believe your story and neither will a judge.
 
andyjeezy said:
Your ignition was running and you're over the legal limit it's automatic dui. Don't waste your money on a lawyer take your punishment like a man and that's it sorry bud.
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Pretty much this.

And let me get this straight. You were driving home, then stopped 3 blocks from your house to get wasted and fall asleep? That doesn’t make sense.

It sounds more like you were somewhere drinking, decided to drive home, stopped 3 blocks from your house when you realized how shitfaced you were, then passed out. Which actuslly was the responsible thing to do given the unresoonsible choice you made earlier though. However, if you are in your car, in the driver’s seat, with the engine on, and drunk, that is a DUI. You may be able to plea it down. But you aren’t getting off.
 
Nope. You're fucked.

If your ignition is running, they don't know if you drove to that spot. Automatic DUI. Passed out too? Yeah, just eat it. You're not gonna win that one.
 
In the UK of you're sleeping on the backseat while your drunk with the keys on your person and the cat not even running you're still done.
 
Depends on your states laws, but here it's a DUI. By being behind the wheel with the engine running you are in physical control of that vehicle under the eyes of the law. Hire an attorney, if it's your first one you may be able to get supervision with fines.

Not trying to be a dick, but if you were so close to your house why not just walk home or UBER it?
 
That's one of the most nonsensical stories I've ever heard. You had alcohol in your car and you were 3 blocks from home and sober, but you decided to park somewhere and get hammered instead? Even when it's cold outside and you'd be comfortable, warm, and have some sort of sleeping apparatus at home? Nothing about this story makes any sense and even if it is true nobody is going to believe you. The judge might also hammer you harder for lying because I don't believe anybody will believe your story.

Either way nobody was injured so it sucks that you're going to get ran up the flag pole. I had a debate with people a while back in another DUI thread and they went off the rails. My main point was that the way we deal with drunk driving is silly because so many people get hit with DUI for not crashing their car, and not hurting anybody. But society is fully prepared and eager to put these people in jail and fine them into oblivion. Funny enough nobody is eager to put people who text and drive in jail, though statically they are at least 3x more likely to cause an accident and hurt somebody than a drunk driver.

Anyway, good luck, and I guess you could waste your money on a lawyer. I have no idea if they will be able to get you off, but if you told the cops the story you put in here I think you're going to end up losing regardless.
 
TheNinja said:
Long story short. Feel asleep with my car running. Never "drove" my car drunk. Got popped for DUI. I complied with all officer's commands. Do I have a change to fight/beat this thing? It's bullshit b/c I didn't drive drunk . i stoppped 3 blocks from my house and drank too mjuch so I slept. It was cold out so I kept my car running. I wasn't going to drive afer that. I could have walked home.

So anyway, in California can I fight it b/c technically the car never moved nor did I drive under the influence while I was drunk inside of it. I might have to get a lawyer on this one though. I just don't see how they can prove I drove under the influence when I didn't. Beyond a reasonable doubt a jury should side with me right?
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Not sure about California. But In New Brunswick Canada.....
You are not even allowed in the car with the keys. I leave mine on my left rear wheel. Jesus they teach that during driver training.

The one time I was drinking while I had my car and was just hanging in the lot, cop asked me to step out of the car when he found me just chilling and drinking water, asked if I was drunk, I said "no but I have had a few drinks" and first thing he said was "need to take breathalizer" and then he asked me was "where are the keys". As soon as he realized I did not take it into the car with me he, put away the breathalizer and just asked how in the bag I was and how far I lived. I told him I was probably just barely over the limit since I was at the pub, but was waiting an hour or two until I felt completely clean.

He just said "Have a nice night" and left.

But it is hammered into our heads young DO NOT TAKE THE KEYS INTO THE CAR WITH YOU DUMBASS
 
BEER said:
I don't believe your story and neither will a judge.
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But will a jury? Isn't the burden of proof on the state. There is reasonable doubt here IMO and that's all I need......reasonable doubt.
 
TheNinja said:
But will a jury? Isn't the burden of proof on the state. There is reasonable doubt here IMO and that's all I need......reasonable doubt.
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There is no reasonable doubt that you were drunk in a car that you were in operation of.

That's the long and short of it. It doesn't matter if the car wasn't moving, or you were sleeping. You were drunk behind the wheel of a running automobile.

You're done, son. Maybe call one of those X-Copper places and get some advice, but you're not getting off on this.

Also, you won't get a jury trial for a misdemeanor case such as this.
 
TheNinja said:
But will a jury? Isn't the burden of proof on the state. There is reasonable doubt here IMO and that's all I need......reasonable doubt.
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Not if you were drinking in the car with the engine running.
 
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