[QUOTE=Full Metal Lotus]
A friend of mine was staying with me and we were up late drinking one night. He had left his cigarettes in his car, and after I ran out, he went out to the car to get them. His car had some kind of wiring fault that wouldn’t let the interior light come on, unless the keys were in the ignition, turned to the accesory mode (engine not running).
A cop saw him stumbling towards the car, get in and pulled over to investigate. He got busted for DUI, as he had the keys in the ignoition. He had ZERO intention of driving and was only retrieving his smokes.
His sister is a lawyer, and managed to “save” his licence, but it cost him nearly $3000yr since then in additional insurance costs.
FML
[/QUOTE]
Out of curiosity, did you tell the officer he was staying with you.
[QUOTE=Full Metal Lotus]
A friend of mine was staying with me and we were up late drinking one night. He had left his cigarettes in his car, and after I ran out, he went out to the car to get them. His car had some kind of wiring fault that wouldn’t let the interior light come on, unless the keys were in the ignition, turned to the accesory mode (engine not running).
A cop saw him stumbling towards the car, get in and pulled over to investigate. He got busted for DUI, as he had the keys in the ignoition. He had ZERO intention of driving and was only retrieving his smokes.
His sister is a lawyer, and managed to “save” his licence, but it cost him nearly $3000yr since then in additional insurance costs.
FML
[/QUOTE]
If this was in Canada, as I assume from your location, there is a defence to the “care and control” offence if the accused satisfies the court that he did not enter the car with the intention of setting it in motion (see s. 258(1)(a) of the Criminal Code). If your friend was convicted, I can only assume that the court did not accept his explanation as to why he put the keys in the ignition.
However, I don’t see how he managed to keep his licence, since under s. 259(1)(a) there is a mandatory prohibition on driving for at least one year if the person is convicted.
[QUOTE=Shagnasty]
That is simply a matter of state law and not philosophy. Sitting in the driver’s seat and/or having the keys in the ignition is a common criteria for most states. The reasoning is that police can stop you after you stumbled out of a bar and into your car but before you can hurt anyone. I don’t think you can be charged anywhere in the U.S. if you haven’t actually gotten into your vehicle yet even if you have your keys out. The solution for what you did is to sit in the passenger seat to make a call or sleep it off. In many states, you can also be charged for a DUI on any moving vehicle including a bicycle, riding lawnmower, tractor and some even have charges for power boats. I am not sure about a horse.
[/QUOTE]
The argument from the state is that circumstances might arise when you need to move the vehicle so you have to in a fit state to do so. The example of a power boat is good one, unless your tied up to a dock the wind or tide could change and a skipper need to be sober even if your anchored for the night.
Doesn’t count in Pennsylvania anyway. The following is a dissent written by Judge Eakin, disagreeing with his colleagues that said horses don’t count as motor vehicles: (sung to the tune of Mr. Ed)
A horse is a horse, of course, of course,
but the Vehicle Code does not divorce
its application from, perforce,
a steed, as my colleagues said.
“It’s not vague” I’ll say until I’m hoarse,
and whether a car, a truck or horse
this law applies with equal force,
and I’d reverse instead.
I guarantee they get boaters for operating boats while drunk. The state announces this every so often. There’s good reason too. I knew an adult that did a speed boat into a bridge at full speed in the 70’s. The boat continued with most of the body to get wedged under the bridge. Nobody close to me and a crooked bastard, so the world won on that one, because only the drunk died.
[QUOTE=Northern Piper]
If this was in Canada, as I assume from your location, there is a defence to the “care and control” offence if the accused satisfies the court that he did not enter the car with the intention of setting it in motion (see s. 258(1)(a) of the Criminal Code). If your friend was convicted, I can only assume that the court did not accept his explanation as to why he put the keys in the ignition.
However, I don’t see how he managed to keep his licence, since under s. 259(1)(a) there is a mandatory prohibition on driving for at least one year if the person is convicted.
[/QUOTE]
this was back in the early 1990’s, and, well, my friend became quite beligerant…
to quote Emo phillips.. "what I wish I had said to the policeman, what I really wish I had said was “Yes officer…”
A guy I know once fought a DUI, and he was adamant that he would be victorious. See, he was sleeping in the car, and there was no gas in the car. What he left out was that the car ran out of gas idling at a red light, where he had dozed off. He lost.
[QUOTE=snailboy]
What if the lock cylinder is messed up and you can start the car without a key? Your vehicle could be idling without the key in it.
[/QUOTE]
I think it’s a safe bet that the car RUNNING trumps anywhere the keys might be. Hell, you might get another ticket for that too.
My daughter and son in law were on holiday in Scotland.
She always drove so he could drink.
They ran afoul of some locals in a bar making suggestive remarks about my daughter.
Son in law decked one of them and they beat a hasty retreat, ran down the street pursued by a screaming mob of jocks, leaped into the car and locked the doors.
Knock on the window.
“Is this your vehicle sir”?
“Yes Officer”
“Would you step out and take a breath test sir”?
Not that he had any choice. Banned for 18 months and the commensurate insurance agony.
Nothing done about the guys about to smear them over the pavement.
The situation wasn’t helped by my daughter screaming at them to "Go and arrest those bs instead you fs".
(Said f****s having spotted the plod had beat a hasty retreat)
The fact the the keys were not in the ignition and they had only locked themselves in the car to avoid being lynched cut no ice whatsoever.
Early 90’s in Oklahoma, if the Highway patrol could find the keys, you were busted. the only way to sleep it off in your car was to hide the keys away form the car where they could not be found.
IIRC, the reason was that if they could find them, you could and so you could drive drunk.