My pal just had the most bizarre experience. He picked up his 7-year-old from a playdate. Someone thought he had been drinking. He dropped her at home with her grandmother and brother. THen went to his dad's nursing home. He usually has a couple of brandys in the car before going in. Dad has Alzheimers. Do you blame him?? He wasn't feeling well and went to sleep in the parking lot. A cop knocks on the window and to make a long story short the guy had his license suspended for 12 hours and the car towed. The cops first showed up at his home and said the dad was drunk and they were looking for him. To his mother (80) and 2 kids.
Drinking & Driving??
- Thread starter Xieron
- Start date
Hmmm...
Seems a bit harsh for the Police to go to his home and speak to his Mother and two children...However, in my view, I don't think that this individual should have a 'couple of brandys in the car', no matter what the personal circumstance might be. Just my two cents worth. Sincerely, Jon .
Seems a bit harsh for the Police to go to his home and speak to his Mother and two children...However, in my view, I don't think that this individual should have a 'couple of brandys in the car', no matter what the personal circumstance might be. Just my two cents worth. Sincerely, Jon .
Its called something like "Care & control of vehicle", and it is just as bad as impared driving (with respect to law).
I feel for your friend, my mother has Alzheimers. I can tell you that no amount of brady can take my edge off. I'm almost at 2 packs a day and my bedtime doob is at 1 1/2 papers.
From what I understand as long as the keys aren't in the ignition he shouldn't have a problem. On the very few occasions when I've flaked out in the car drunk I usually take the passenger seat.Xieron said:
If he had keys to the car on him and particularly if he was sitting in the drivers seat they would argue he was in control of the motor vehicle. To them if hey want to make a point it would not matter if the car was in motion or even if the engine was running. It is enough that it could be.
Of course there is that whole concept of the parking lot of a nursing home being private property, so would the provisions of the statutes covering public thorughfares apply.
Lawyers write laws so we have to pay lawyers to tell us what they meant. Quite the devious process, what?
Of course there is that whole concept of the parking lot of a nursing home being private property, so would the provisions of the statutes covering public thorughfares apply.
Lawyers write laws so we have to pay lawyers to tell us what they meant. Quite the devious process, what?
Yeah, my friends father was busted for DUI when the cops found him passed out in the back of his van parked on the side of the road about 9 years back, he lost his license for 2 yrs I think.
why would the school people tip the cops off that he may have been drinking though?
perhaps he was drunk all the time and not telling the whole story
perhaps he was drunk all the time and not telling the whole story
Xieron said:
If you are intoxicated or close to it and you are in the drivers seat with the keys (dont have to be in ignition) then you have "Care and Control" and you can still get a DUI.
You "can" get a DUI, but usually you won't. They have to prove in court that you intended to drive the car or could have accidentally set the car in motion, and if you're sleeping without the keys in the ignition that would be difficult. A cop has the right to give you a 12 hour suspension and tow you if he finds you drunk in the drivers seat, but they usually won't bother charging you with anything, because they know it's going to be tough to prove that you intended to drive. I'm no lawyer, but I have some experience on the topic.Hockey_MLnut said:
Yes by law I believe if you are to pass out in your car and you have alcohal in your system you should take the passenger seat. Otherwise the police have the right to charge you or at least give you a hard time.
BTW, I never drink and drive...I just pound at the red lights.
BTW, I never drink and drive...I just pound at the red lights.
PHNINE said:Yes by law I believe if you are to pass out in your car and you have alcohal in your system you should take the passenger seat. Otherwise the police have the right to charge you or at least give you a hard time.
BTW, I never drink and drive...I just pound at the red lights.
Note to self. Do not buy a used car from PHNINE, the dash will have more DNA than a genetics lab.
Sounds like he has a drinking problem.. probably a good thing he got bustedXieron said:
It does not matter if it were on the road or on private property... as "DUI" is a criminal chargeLancsLad said:
