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

[TheFirstEMP]

I don't have the right to a trial by jury? I thought by law I can request a jury.

Only if you also stole the car you were drinking in.

 

[ToxicShocker]

You about to be a ninja with a bus card.

 

[TheNinja]

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.

Well that's my point. They don't KNOW that I drove to that spot. They can speculate or charge me with it. But they have zero proof I drove there. I thought this was America where I'm innocent until proven guilty. They have to proof. I'm definitely getting one of those "free" lawyer consults.

Of coruse I'll probably end up spending more on lawyer fees than just biting the bullet myself. But it's worth a shot. Could maybe just plead it down to public intox or something..... or wet reckless?

 

[Rhood]

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.

I'll bring a cat and a treadmill with me the next time I go out drinking.

 

[IloveTHIS]

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.

Look at how many people DUI even with huge ramifications. Imagine if we WERENT so harsh. People would be killed by drunk idiots constsntly.

And I agree there should be very harsh punishments for texting while driving too

 

[HereticBD]

Well that's my point. They don't KNOW that I drove to that spot.

Yeah, that's irrelevant. You were behind the wheel drunk. That's it. There is no technicality where they have to prove you drove anywhere.

Just eat it. If it's your first offence, it likely won't be all that bad. Your insurance company will probably rape you harder than the courts will.

 

[TheNinja]

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.

If you have 3 crying kids at home and a wife who won't "let" you drink or busts your balls if you wanna down a 6 pack at home. Then, ya. Sometimes it makes sense. I live on a busy street and often have to park away from my house if the streets are already full.

I know I probably have .0000000001% chance at this but I think maybe a lawyer can help?

 

[CerebralKnievel]

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

You hanging out at kellys mission rock, you burned out hippie?

 

[usmctanker242]

Look at how many people DUI even with huge ramifications. Imagine if we WERENT so harsh. People would be killed by drunk idiots constsntly.

And I agree there should be very harsh punishments for texting while driving too

I don't agree with your assessment of the situation and I don't believe there's any real statistics which show that the current DUI / DWI laws lower the rates of drunk driving. While I firmly believe there should be extra penalties when someone gets into an accident while drunk, I don't feel that people need to have their lives financially destroyed because they had a few beers and got pulled over for a "questionable" lane change. The BAC limit of .08 is artificially low because it snares more people and it brings in more revenue for the jurisdiction.

I can go on and on but I don't want to turn this thread into a duplicate of the other thread which I had previously mentioned. All the stats are laid out there and you'll see the hate and vitriol from people because they refuse to believe the data in front of them.

 

[BEER]

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.

I don't know how often DUI cases go to trial.

 

[HereticBD]

I don't agree with your assessment of the situation and I don't believe there's any real statistics which show that the current DUI / DWI laws lower the rates of drunk driving. While I firmly believe there should be extra penalties when someone gets into an accident while drunk, I don't feel that people need to have their lives financially destroyed because they had a few beers and got pulled over for a "questionable" lane change. The BAC limit of .08 is artificially low because it snares more people and it brings in more revenue for the jurisdiction.

I can go on and on but I don't want to turn this thread into a duplicate of the other thread which I had previously mentioned. All the stats are laid out there and you'll see the hate and vitriol from people because they refuse to believe the data in front of them.

I'm of the mind that harsh deterrents to drunk driving, while not entirely effective, should still be there. At the end of the day, there is no excuse for it. You want to have a few beers and drive? Live with the potential consequences. There aren't too many scenarios that are excusable, other than emergencies where you absolutely have to drive no matter what your condition is, like someone is trying to kill you and you had to get away, or some shit.

 

[usmctanker242]

If you have 3 crying kids at home and a wife who won't "let" you drink or busts your balls if you wanna down a 6 pack at home. Then, ya. Sometimes it makes sense. I live on a busy street and often have to park away from my house if the streets are already full.

I know I probably have .0000000001% chance at this but I think maybe a lawyer can help?

I like you as a poster and I totally understand your situation. I wasn't calling you a liar or trying to be a dick, but your story just doesn't make much sense. Assuming the home situation is why you made the choice you did, do you feel it was a prudent decision that would be made by someone who was 100% sober? Don't you have a buddy you can toss back some cold ones with, or perhaps a bar within a reasonable distance that wouldn't siphon all your money for a cab?

Alcohol has a stigma in this country and I'm not sure a lawyer will be able to get you out of this one. Judges hear these kinds of stories quite often but I doubt many of them are willing to believe them. Also, what was your BAC? When I got my DWI, I was .14 on the scene and .21 a couple hours later at the MP station (got mine aboard Camp Lejeune). I was hammered and I'm glad as all hell I got pulled over on base before I got out in town and had the chance of hurting someone. I had gone to the bowling alley on base after a fight with the wife with the intention to sleep in the bed of my truck. I blacked out (aggressively over-served) and I guess my instinct was to get to safety and I guess that meant home.

 

[Oblivian]

If you have 3 crying kids at home and a wife who won't "let" you drink or busts your balls if you wanna down a 6 pack at home. Then, ya. Sometimes it makes sense. I live on a busy street and often have to park away from my house if the streets are already full.

I know I probably have .0000000001% chance at this but I think maybe a lawyer can help?

I just did a quick amount of research and it sounds like you have some defenses. My guess is that you could probably get a lawyer, or even a public defender, and try to plea it down to something like open container.

 

[TheNinja]

I'm of the mind that harsh deterrents to drunk driving, while not entirely effective, should still be there. At the end of the day, there is no excuse for it. You want to have a few beers and drive? Live with the potential consequences. There aren't too many scenarios that are excusable, other than emergencies where you absolutely have to drive no matter what your condition is, like someone is trying to kill you and you had to get away, or some shit.

And I agree with harsh penalities (though I do believe there is a HUGE money grab between the state and the lawyers on how expensive it actually is). But I didn't hurt anyone and didn't swerve all over or anything.

 

[MikeMcMann]

Well that's my point. They don't KNOW that I drove to that spot. They can speculate or charge me with it. But they have zero proof I drove there. I thought this was America where I'm innocent until proven guilty. They have to proof. I'm definitely getting one of those "free" lawyer consults.

Of coruse I'll probably end up spending more on lawyer fees than just biting the bullet myself. But it's worth a shot. Could maybe just plead it down to public intox or something..... or wet reckless?

That is why the law is written in a way that does not require them to know or prove you drove to that spot because (sorry) shitty people like you would play this game otherwise.

the law only requires 'care and control' of a vehicle which is what you establish when you have the keys on you inside the vehicle.

 

[weich]

If you have 3 crying kids at home and a wife who won't "let" you drink or busts your balls if you wanna down a 6 pack at home. Then, ya. Sometimes it makes sense. I live on a busy street and often have to park away from my house if the streets are already full.

I know I probably have .0000000001% chance at this but I think maybe a lawyer can help?

A lawyer will help you get the appropriate punishment. A lawyer will not be able to get you zero punishment. I'd absolutely get a lawyer in your situation.

 

[TheNinja]

I like you as a poster and I totally understand your situation. I wasn't calling you a liar or trying to be a dick, but your story just doesn't make much sense. Assuming the home situation is why you made the choice you did, do you feel it was a prudent decision that would be made by someone who was 100% sober? Don't you have a buddy you can toss back some cold ones with, or perhaps a bar within a reasonable distance that wouldn't siphon all your money for a cab?

Alcohol has a stigma in this country and I'm not sure a lawyer will be able to get you out of this one. Judges hear these kinds of stories quite often but I doubt many of them are willing to believe them. Also, what was your BAC? When I got my DWI, I was .14 on the scene and .21 a couple hours later at the MP station (got mine aboard Camp Lejeune). I was hammered and I'm glad as all hell I got pulled over on base before I got out in town and had the chance of hurting someone. I had gone to the bowling alley on base after a fight with the wife with the intention to sleep in the bed of my truck. I blacked out (aggressively over-served) and I guess my instinct was to get to safety and I guess that meant home.

Thanks for being honest. I know the story doesn't make sense. I don't think it was a smart decision at all. But I was late coming home from work and she's not one to be all like "ya, toss back some pops with your buddies". So that part sucks to have to drink in private.

I actually don't know my BAC. It was probbaly pretty fuckin' high though. I don't know how to get a copy of my report. I'm glad you didn't end up hurting anyone either and hope we all learn our lesson...heh.

 

[TheNinja]

I just did a quick amount of research and it sounds like you have some defenses. My guess is that you could probably get a lawyer, or even a public defender, and try to plea it down to something like open container.

They even got my f'ing name wrong on the police report. My drives license number is correct but they have my wrong last name (b/c its wrong on my license). I'm sure that won't get me off but this whole thing seems like a cluster-fudge.

I have a few requests out for lawyers to see what they'll say. Otherwise I guess I put my request in to DMV so I don't get suspended after 10 days and try to defend myself in court. Hopefully I can plea it down.

 

[all caps]

I don't think you can not get a lawyer in this case. You most certainly need one. Even if you beat it you're gonna be out atleast $1,000.

But theres no beating this. You wouldve had to have refused the breathalyzer to give your lawyer atleast a fighting chance.

 

[HereticBD]

And I agree with harsh penalities (though I do believe there is a HUGE money grab between the state and the lawyers on how expensive it actually is). But I didn't hurt anyone and didn't swerve all over or anything.

Yeah, and you won't be going to jail or anything either. Your wallet will take a hit, and your insurance company will consider you a higher risk than before, and adjust your rates accordingly. Is normal.