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

Discussion in 'Mayberry Lounge' started by TheNinja, Feb 4, 2018.

  1. Bigsquid

    Bigsquid Blue Belt

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    Some states (maybe all), if you are under the influence inside the car, you getting a DUI. You don’t even need the key in the ignition, just inside your pocket.
     
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  2. nefti

    nefti Red Belt

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    I my friend got a dui for sleeping in his car while drunk.
     
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  3. breadfighter

    breadfighter Toiling in underground sugar caves

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    What if you put them outside the car on the tire like another poster did.
     
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  4. aldeniro78

    aldeniro78 Who cares

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    None of this is correct.
     
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  5. Organic Damage

    Organic Damage Dancing on the ashes of the World

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    Friend of mine got popped for this. Don't bother trying to fight it, I think the statue is pretty clear in most places.
     
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  6. nefti

    nefti Red Belt

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    Nope your lawyer can minimize the damage.
     
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  7. Dusty Rhodes

    Dusty Rhodes Brown Belt

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    lol You're about to get buttfucked by the law bud

    <{danayeah}>
     
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  8. TheNinja

    TheNinja Silver Belt

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    From what I've read the letter of the law (and other people's experiences) have said the person must be driving. But there HAVE been legal cases won where the person was sleeping and the car never technically moved.

    I MAY have a shot depending on the lawyer and/or the judge. I just don't know how they can prove anything. But sometimes laws are stupid and the law is the law.
     
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  9. TheNinja

    TheNinja Silver Belt

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    I'm not allowed to get hammered at home b/c someone gets pissed at me when I do. Ya, I never said I wasn't an alcoholic. I just said I didn't drive while drunk. I was just stupid and got drunk 3 blocks from home instead of at home. This is gonna be an EXPENSIVE 3 blocks!
     
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  10. TheNinja

    TheNinja Silver Belt

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    I think the law is pretty clear. But I still think a lawyer can help in some cases. Plea it down to wet reckless . Or at the very least work to time out the DMV/Sate sanctioned restricted license times out. It's a very tricky situation b/c basically you have 2 trials. 1 with the DMV and one criminal trial with the state/District Attorney. Basically with a DUI or major moving violations they double screw you.
     
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  11. TheNinja

    TheNinja Silver Belt

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    Ya, I've heard both. I had 2 guys both very obvious DUIs, driving, car moving, pulled over, blew over .08%. One guy hired the best DUI attorney he could, they other was just a kid with no money who didn't fight anything. They both ended up with the exact same penalty.

    I've also heard of people hiring a lawyer who have gotten lesser sentences. I mean I can't claim their equipment was OFF or anything as I was clearly way over .08 and I requested blood sample at the station. My only defense is that I was NOT moving and was being smart parking my car before drinking and was going to walk my 3 blocks home. I'm hoping my lawyer would be to bat for me.

    I'm thinking it might be worth the lawyer fees, I just haven't decided yet. I have to get the police report first and read it and find out if anything looks remotely close to me getting to plea down.
     
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  12. Dirt Road Soldier

    Dirt Road Soldier Salt the flesh! Fuck the wound!

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    Just hire a cheap lawyer, maybe they can get you a decent plea deal.

    You ain't getting out of this though, so enjoy having that DUI on your record for life.
     
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  13. SmilinDesperado

    SmilinDesperado Silver Belt

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    It is pretty shitty/funny that you can get a DUI (DRIVING while under the influence ) without actually driving
     
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  14. nefti

    nefti Red Belt

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    get the best DUI lawyer you can afford. Long term it would be worth it.
     
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  15. Bigsquid

    Bigsquid Blue Belt

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    You might just get away with it then lol
     
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  16. TheNinja

    TheNinja Silver Belt

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    The problem is it's hard to know who's "the best" and who will actually fight for you or who just gives up. I can't decibe whether to get a "flat fee" guy or "by the hour".
     
  17. blitzk

    blitzk Red Belt

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    Little advice, if you do decide to go to court, don't use that story.
     
  18. TankAbbott4Eva

    TankAbbott4Eva Red Belt

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    In my state in Australia you would still get done for DUI. In fact my legal studies teacher said you can get done if you are sleeping in your car, because you may have intent to drive. He said the best way to sleep in your car drunk and not get done is to sleep in the back seat and throw the keys on the floor in the front seat.
     
  19. TheNinja

    TheNinja Silver Belt

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    LOL - I got literally 8 letters from lawyers in the area that all want to represent me and will "fight hard for me"!! I guess I can start shopping around. One dude sent an entire booklet thingy. It's like 8 pages and laminated and stuff. At least I have options and can start getting a feel for who I want and gather some costs.

    I just don't know if I have to request my police report or if they send it to me. I gotta call the court? police station? I don't know.....on Monday. Or basically I just start callling lawyers and have them do it for me.
     
  20. bandicoot

    bandicoot Red Belt

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    Your lawyer can get the police report.
     

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