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(AZCentral)   Sleeping off effects of alcohol in parked car can lead to DUI. Arizona apparently not big with translating acronyms   ( divider line
    More: Asinine  
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7364 clicks; posted to Main » on 30 Dec 2002 at 10:20 PM (14 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»

112 Comments     (+0 »)

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2002-12-30 04:35:58 PM  
No, sleeping off the effects are fine, but doing it after you've already been driving isn't. This makes perfect sense to me and I'd love to know from whoever posted this why they consider it to be asinine. It was obvious that chick had been driving and she deserved what she got. If not it will only encourage people to go along with the thinking of, "Well, I think I can drive... I'll just try and if I can't I'll pull over." Great idea.

You should be arrested and thrown in jail for driving while intoxicated period' I don't give a flying shiat if halfway through you decide maybe it wasn't such a great idea; your dumb ass could have already killed me or one of my loved ones.
2002-12-30 04:36:25 PM  
The ruling stems from the case of Shelly Potter, whose license was suspended because she refused to take a blood-alcohol test after she pulled into a service station, called friends for a ride and waited in the driver's seat, where a cop found her.

Jeez, can't win for losing. Sounds like she was doing the right thing to me.

My understanding is that Alabama law is like this too. Basically if you have access to a vehicle while drinking you can technically be charged w/ DUI.
2002-12-30 04:43:53 PM  
I agree that drunk drivers are asshats, Candypants, but isn't proof a bit more important? Would you accept a speeding ticket, if the cop had just timed you from the moment you got off of the phone to the time that you arrived at the jail to bail out a friend?
2002-12-30 04:52:21 PM  
I understand what you're saying, Stevarooni, but I have to stand by my statement for two reasons. One, there were what seemed like quite a few witnesses that saw this woman driving, so it's not jsut going on the cop's word. She herself admitted she had been driving earlier. Second, a lot less innocent people die each year from at the fault of someone who was speeding as compared to someone who was drinking and driving, so the severity level goes up quite a bit for me.
2002-12-30 04:54:29 PM  
When a police officer pulled up, he noticed four open alcohol containers in the car.

And I dunno about you, but that would kind of signal to me that she had been drinking while driving or parked in the car.
2002-12-30 04:57:50 PM  
Things sure have changed over the years. In the 70's in Milwaukee, I got pulled over for running a stop sign. I was obviously in the bag and the cop not only did NOT give me a ticket, but he followed me home to make sure I made it okay. Nowadays I would be hauled away in handcuffs. I'm glad I quit drinking.
2002-12-30 04:59:29 PM  
Yeah, you have a definite point. Most likely? She was drinking and driving. There is still the possibility of someone driving out to a remote spot and guzzlin' a few cold ones to let out the wrinkles. If you plan on staying there for a couple of hours, even legal BAC levels would be passed.
2002-12-30 05:06:49 PM  
What about this scenario: you get back to your car after drinking too much, you can't get a ride by this point, so you unlock the doors, throw your keys under the seat, and fall asleep in your car. Is that reason for a DUI?
2002-12-30 05:21:29 PM  
I hope not LandoGriffin, I hope not.
2002-12-30 05:22:35 PM  
That was a normal thing for me in the 90's living in Houston.I slept off many benders in the parking lot of the Yucatan Liqour Stand.
2002-12-30 05:23:54 PM  
LandoGriffin, I would assume not since no one saw you driving, you hadn't admitted to driving, your keys weren't in the ignition, the car wasn't running, and you weren't surrounded by empty beer cans.

Then again, if I walk outside and I slip on some ice and I happen to be carrying a pen, and the said pen flies out of my pocket and stabs some kid in the eye, and that kid gets an infection in the hospital and dies, is that a reason for a manslaughter charge?
2002-12-30 05:28:12 PM  
The problem is that everyone has to blame someone else. I say that particular lady deserved what she got....however I've had a friend arrested for exactly what Landogriffin stated...albeit with one change: His keys were in ignition so he could run some heart earlier because it was friggin freezing. He had not driven an inch..and when the cops showed the car was actually off. Tell me....did he deserve his suspension?
Kat [TotalFark]
2002-12-30 06:05:10 PM  
Its all very strange. My dad has told me stories of him and his friends drinking and driving back in the day that are ridiculous. Sometimes they got hurt, most times they did not. I guess it's a good thing but the impression I've been given today is, if you get behind a wheel drunk, you will die. I know it's not true (I've been a passenger when my dad has been over the legal limit), but that's the impression we're feeding kids...I don't think that's necesarilly bad though. fark, I don't know what I think...nevermind me.
2002-12-30 07:04:14 PM  
Kat the impression that you will die if you get behind the wheel drunk is just that: an impression. The reality is that if you get behind the wheel drunk you just have a greater chance of causing an accident or otherwise getting into a situation where you might hurt yourself or someone else. This is the basis on which laws are created - a good percentage of those who would drive while having alcohol in the system will be far less able to control the vehicle and possibly hurt someone. Therefore it is mandated by law that if you have a measurable level of alcohol in your system you can be prosecuted and punished if caught. Many people are able to operate a motor vehicle while intoxicated, but for the benefit of the public good laws have been passed to keep people from driving intoxicated. Sometimes they go a little overboard. According to the education one of my co-workers got when he was busted for DUI recently in PA, he learned that technically one can be busted for riding a bycicle drunk, sleeping in your car while drunk, or even having keys to a car while intoxicated. Furthermore it is legislation that can be pushed through easily because everybody thinks that "we need to get tougher" on drunk drivers. While this is often true, sometimes it is also the case that some people shouldn't get behind the wheel in the first place..intoxicated or not.

Anyway, that's my story and I'm sticking to it.
2002-12-30 09:17:48 PM  
Hey, speaking of being drunk, where are the bloody Photoshops? The peasants cry for Photoshops! Please! For the love!


B0rg9 [image from too old to be available]
2002-12-30 09:24:15 PM  
Did I say B0rg9? Ha ha. Ha ha. Ha. Verily, I meant Chakalakasp.

2002-12-30 10:25:03 PM  
i think this chick drove to the gas station, and parked there. then cop found her. that's why she got picked up all these troubles.

i think i'm staying home as usual on new years eve. lots of drunk people.
2002-12-30 10:28:41 PM  
In Florida, the police have to prove you drove the car. Finding you passed out in a car gives them nothing.
2002-12-30 10:29:32 PM  
granted, she was wrong; but should she be prosecuted for attempting to do the right thing?
2002-12-30 10:30:01 PM  
The same law applies here in Canada. If you are drunk and in a car, that signals the intent to drive drunk. I really don't agree with it.
2002-12-30 10:31:35 PM  
Reminds me of the time some cops wanted to give my stepfather for driving down a one way street. They drove by, saw a parked car facing the wrong direction on a one way street, assumed it had been driven and parked there.

Stepfather was actually waiting for a part to fix the car with. He had PUSHED it there earlier so that my mom could get out. (car was right next to driveway).
2002-12-30 10:32:34 PM  
She must've had a lousy lawyer if she lost this one. Or more likely, she couldn't afford the lawyer throughout the prosecutor's appeal process and got screwed by the system.
2002-12-30 10:32:35 PM  
I don't believe they have to witness you driving here in Arizona, friend got busted for it but pleaded down to something else though.
2002-12-30 10:33:33 PM  
when i lived in arizona i knew people who got DUI's simply because they had access to car keys and were drunk

cops also would go into bars undercover, watch someone have so many drinks, follow them out, and if they were beside their car w/ their keys out - blam - arrested for DUI

cops are scum no matter what

and arizona is a police state anyway
2002-12-30 10:34:30 PM  
If you're drunk, your judgment usually isn't in tip top shape.
So let's say you get behind the wheel and drive a few miles down the road. Then you have a revelation.. This is WRONG! I should pull over! But wait.. if I do that, I'll have a better chance of getting picked up on a DUI. Guess I'll speed up so I can get home as fast as I can and not get arrested.
2002-12-30 10:35:14 PM  
This is asinine because apparently, the police would rather you keep driving when you realize that you don't have full control of your car.

2002-12-30 10:35:32 PM  
but, i love arizona anyway
2002-12-30 10:36:37 PM  
In New York State anyway, If the keys are in the ignition,or any other "easily accessable place" (dashboard, pocket, front seat etc.) It is considered the same as if You were driving. DWI-drugs (DUI-drugs) is considered worse than drunk, which is probably a good thing.
2002-12-30 10:38:10 PM  
Uhh... The law's against "DRIVING" under the influence, right? That said, it's probably a good rule. Otherwise, as soon as you saw the cops, you could just pull over, take the keys out, pretend to be sleeping it off, and basically make a laughingstock of the DUI rules.
2002-12-30 10:38:33 PM  
You know, one of my buddies got arrested for doing that. They (i swear to god) have this program here in PA where you can go to work Monday through Friday, and then Friday night, saturday, and sunday, you go to jail. I'm not sure if they have that anywhere else...
Furthermore, PA's liquor laws SUCK. You have to go to 3 seperate stores to get a six pack, a case of beer, and a bottle of whiskey. Just thought I'd share all this useless PA knowledge.
2002-12-30 10:40:05 PM  
I claim bullshiat here.
I agree driving drunk is bad. Unfortunately I do it at a few very rare times. There are times I was fine going to the car, but boy those lines became tough to see at night when you are really gone. Things should be done to keep roads safe. I accept responsibility for my actions. But I have known a few people who did stay in a parking lot to sleep it off (myself included when I realize I'm no longer a safe driver). The cops should give some slack here. Especially if the person shows some sort of responsibility for their actions by pulling over when they realize they are becoming unsafe.
2002-12-30 10:40:15 PM  
AZ isn't the only state where you can get prosecuted for sleeping drunk in your car. Minnesota, my former residence, has the same law. This happened to a couple of my friends over the last few years. And if you really wanna get wacky over these laws get this: in Minnesota they just passed a law a couple years back that if your caught at twice over the legal limit they can punish you with 2 DUI's. That number gets bigger with how many times you go over the limit too. So if your a big dude that can handle your liquor well, 3 DUI's can happen to you. Crazy?! I'd say so!

-Your fate has been twisted
2002-12-30 10:40:55 PM  
people who can't drive drunk are the same ones who can't drive sober
2002-12-30 10:43:11 PM  
Perhaps the law hinges on the fact that you are in a position to operate the vehicle. If you are seated in the passenger seat or the rear seat, it may be harder to prove a case. But that's pretty thin.
I have a friend who is a former Dallas Police officer. He worked in traffic accident investigation. He once offered an interesting bit of advice regarding DUI. He said if he had been drinking and got pulled over, he would step outside the vehicle and take a nice long drink from the bottle in full view of the officer and hopefully any video camera that may be installed in th cruiser. This could call into question the validity of a field Breathalyzer test that may be administered. Now if they waited until they got back to the station, this ploy was less effective. But perhaps one could conceal a flask long enough to get a swig to ruin that test as well. Just a thought.
2002-12-30 10:43:26 PM  
Cops are liars. The laws are stoopid. That's why I use my powers for good - Getting drunks' and dopers' charges dismissed.
2002-12-30 10:44:39 PM  
Wow - Tempe sure has changed. In the 70s, you could drive past a cop with a beer in your hand - they knew it was freakin' hot out in the summer, too.

Attitudes change, though - and I think for the better, in this case. Drinking and driving is not cool. I know I did it way too many times, luckily without hurting any innocents. Damn, I was stupid back then.
2002-12-30 10:45:30 PM  
Yay BlueDog!
2002-12-30 10:48:04 PM  
BlueDog: You magnificent bastard!
2002-12-30 10:49:25 PM  
You know Taco_x:
That is pretty much true. But there has been once or twice when I would share 3 or 4 shots with friends not long after departing time. And they would hit me like nuke. That's when I would pull over. No reson to get arrested for at least trying to act responsibly.
And by the way, I'm in Houston. No one can drive here drunk OR sober.
2002-12-30 10:50:06 PM  
Make that BEFORE departing time.
God I suck.
2002-12-30 10:50:43 PM  
12-30-02 06:05:10 PM Kat
Its all very strange. My dad has told me stories of him and his friends drinking and driving back in the day that are ridiculous. Sometimes they got hurt, most times they did not. I guess it's a good thing but the impression I've been given today is, if you get behind a wheel drunk, you will die. I know it's not true (I've been a passenger when my dad has been over the legal limit), but that's the impression we're feeding kids...I don't think that's necesarilly bad though. fark, I don't know what I think...nevermind me.

Jeez, lucky your father and his friends made it through their revelry so Fark could have one of its hardest working and attractive moderaters. [/flatter]

Law authorities will always demonize driving under the influence because of the danger inherent with irresponsible use. Will all people who drink a few beers and get in car die in a twisted mess of steel? Never! But giving that impression probably scares shiatless a few extra people than saying "Oh this is not safe so don't do it".
2002-12-30 10:52:08 PM  
My arse has been saved by good attorneys on several occassions. Just giving a little back.
2002-12-30 10:52:16 PM  
Mothers Against Drunk Driving are a seriously powerful lobby. The states have to accept these laws to get their highway dollars. When it comes down to it, it's the cop's preference. I would suggest doing your drinking and driving in a city with a moderate crime rate on unpopular nights. I've seen people that should have been locked up according to the law but ultimately let them off. In DC a DUI charge takes about three hours to process, and everyone goes to court. No one wants to lose a license. Me? I'd rather let the borderline case go and take some real problems off the street. That having been said, I never get into the driver's seat if I've had something to drink that night.
2002-12-30 10:53:01 PM  
Potter refused a sobriety test, purportedly telling police, "I don't care what you do with my license. I don't care. I'll go to jail."

This is exactly what you should do if ever presented with a sobriety test. Refuse. Revocation of your license for a year is a lot better than a DWI/DUI on your record.
2002-12-30 10:53:52 PM  
As a just-found out new dad, i can honestly say , if anyone threatens the life of my child, I will kick their ass

I am so ashamed of my previous transgressions

*cracks a beer at home..
2002-12-30 10:54:08 PM  
Wow, Chakalakasp, you've maintained those two ID's for a long time. What, if one gets banned you use the other?
2002-12-30 10:54:47 PM  
In many places, if you get into the car in the drivers seat after drinking, you can be charged with DUI. Even if you don't drive. Lesson: Don't drink and get in your car in the drivers seat. Sleep it off in the back seat.
2002-12-30 10:58:18 PM  
Drive drunk, get caught, pay the consequences, and quit crying.

Seems like everybody I know who hates cops hates cops because they got busted for driving drunk.

I know a cop who used to light up cars at green lights, because drunks fall asleep at red lights, and bust them for driving drunk, because they were still drunk. She also used to wake them up if they didn't wake up, and ask them to move their car out of the street. When they did, she would bust them for driving drunk. Because they were driving drunk.

If you must get drunk, stay off the road. Stay out of your car. Quit biatching about laws that make sense. If you fall asleep in your car in the middle of the road because you are drunk, you are a drunk driver, even if your car isn't moving.
2002-12-30 11:02:06 PM  

i hear ya - it's like clint said, 'a man's got to know his limitations'
2002-12-30 11:05:11 PM  
Here in BC (which is part of Canada), there must be a credible witness to you driving intoxicated. That witness can be the guy in the vehicle behind you, who calls in the possible impaired, (or the erratic driver), or bystanders who see you stagger from your car when you get to your destination, or the cops. If you are passed out behind the wheel, vehicle running, as long as the vehicle is not in motion, you are not driving impaired. If you drive up, slam into a tree, and stumble into your house and the cops show up 3 mins later, you can't be charged with impaired driving; you could have injested the alcohol during the 3 mins you were out of the witness's line of vision. Here, you gotta be seen driving, you must be found behind the steering wheel of the vehicle, and you must have the breath (or blood) test to prove you are impaired. If any of these necessities are missing, you can have a 24 hr suspension on your license, done roadside, without any type of testing. Your vehicle is either parked or towed (cop's discretion) or driven by a sober person of your choosing. Don't forget all the other fun stuff, being DIPP (drunk in a public place) gets you a good 8 hr snooze in the tank too. Failing to provide a breathalizer sample is an automatic charge as well, and your vehicle is towed. Open containers in the vehicle is also a charge/fine.

Stupid people keep my job hopping. :(
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