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Dui question...and no its not me So this kc city council member is at a party.. he has a few too many and gets into his car. He knows its wrong for him to now drive. He is on private property just sitting in the drivers seat and passes out. Someone sees him and calls 911..the cops and parametic show up. The cops arrest him for dui..ofcourse the cops are slow to offically charge this man because he is an attorney, a law school professor and a city council member.. I know cops luv to charge people with duis if people are sleeping in their cars..car not running etc..they claim if your in the drivers seat...then your driving. Which i find comical ...could they give me a ticket for driving too slowly if im sitting parked in a car?.. i am in the driver's seat. And since this man is running for mayor he is gonna fight the dui charge.. Your thoughts..sure he should have just ubered.. But is sleeping in your parked car really driving...are you really driving impaired? Id luv to see the legal definition of driving.. And ironically he wont be charged yet you or me would get a dui |
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10/19/2018 4:24 pm |
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Maybe by getting into the driver's seat he is showing intent to drive.
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You need to give more info. Was the car running? Was the car moved from where it was parked at the party? If those two are yes, then yes he can be charged with DUI and should be charged. Cops don't like just charging people with DUI. They have to have indisputable evidence a crime has been committed. Sounds to me like you've caught a charge yourself.
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In a few states, you can be convicted of driving under the influence (DU only if there’s proof that you were actually driving. However, in the majority of states, being caught sleeping drunk behind the wheel can lead to a DUI conviction. That’s because the DUI laws of most states prohibit “operating” or “being in actual physical” control of a vehicle while under the influence. So, driving is sufficient but not required for a conviction. A jury will generally look at all the circumstances of a case in determining whether an impaired motorist was operating or in actual physical control of the vehicle. Typically, the closer the driver was to being able to set the car in motion, the more likely the jury is to convict. So, an impaired motorist found sleeping in the back seat with the motor shut off might have a good shot at beating the charge. But a drunk motorist who’s caught draped over the steering wheel with the car running is more likely to be convicted.
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As noted above, Intent is what they were looking at. If you are intoxicated, sit in the driver seat, key in the ignition, you are going to have to defend yourself in court over this charge. Spend the $$ and get a good advocate....Look at the bright side, at least he did not have any sex toys or empty booze bottles in the car.
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10/19/2018 6:37 pm |
He claims car was not driven nor moved. He walked from the party and got into his car like a block away.. i think they said it was a metered parking spot of some sort. Yet what difference does it matter if the car was driven...when the cops arrived the car was stopped and not running...so as far as they know the car was at rest/ parked. My question is just being behind the wheel mean your driving.. i mean a child can sit in the drivers seat of a parked car, can a cop therefore give them a ticket for driving with a license etc. AND NO...HELLO THIS ISNT ABOUT ME i dont drive drunk. .i heard the story on the radio..his name is councilmen grier from kc and this occurred in lawrence ks last night.
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10/19/2018 6:39 pm |
Hell you can get a dui while drunk and operating a bird or lime scooter
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10/19/2018 6:49 pm |
You can get behind the wheel but preferably you should always be in the passenger seat and you should NEVER have your keys on you, having keys in your posession shows intent to operate the vehicle. If you really drink and drive a lot then you should always keep a closed beer under front seat, if you get stopped and are inebriated get out lock vehicle give keys to officer and down the hot beer all you can be charged with is public intoxication. I never had to do this but I was told by one of the best DUI attorney's in the state this would really work.
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