General Discussion

Nevilledog

(55,085 posts)

62. That attorney is telling stories.

Sun Jun 14, 2020, 09:20 PM

Jun 2020

You do not get charged with a DUI if you're not in the car, unless there is evidence that you were just driving, whether witnesses saw the driving behavior close in time, or by admission. Under that argument, anybody drinking, anywhere, who had a car in the vicinity could be charged with a DUI. Cops could just go into a bar, find the intoxicated people, ask them if they had a car there and then arrest and charge them with DUI.

It's also an actual defense to a DUI if the car is inoperable, so long as it's inoperable before the drinking. Not a single person in the world has been convicted of a DUI for sitting and drinking on the trunk of an inoperable car.

The stories this guy is telling you are not based on the law or even common sense.

27 years as a criminal defense attorney backs up my claims.

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Did the Atlanta cops trick Rayshard Brooks into driving while intoxicated? [View all] pnwmom Jun 2020 OP

That is exactly what it looked like, a set up! nt 42bambi Jun 2020 #1

I think it's clear the driver had operated the car, but he could have presented Hoyt Jun 2020 #2

How was it proper to ask him to move the car when the police clearly thought he'd been drinking pnwmom Jun 2020 #5

I thought they were giving him a break, but yeah they could have pulled Hoyt Jun 2020 #47

What made you think they were giving him a break? pnwmom Jun 2020 #50

What I just said. Not gonna write it again. Hoyt Jun 2020 #51

You didn't explain what you meant. They DID try to handcuff him, haul him off, etc. pnwmom Jun 2020 #53

SOP for this poster's Blue Lives Matter POV obamanut2012 Jun 2020 #76

They gotta figure how he and his car got to the drive-thru lane...Where he passed out? jmg257 Jun 2020 #3

He deserved to be shot cuz DUI! Dream Girl Jun 2020 #4

Did someone say that??? jmg257 Jun 2020 #6

It was certainly implies..."plenty of reason to believe he was operation under the influence Dream Girl Jun 2020 #10

Lol - ok. I am defending NO one. I already stated numerous times it was a terrible shooting. jmg257 Jun 2020 #13

You did not say that. Tipperary Jun 2020 #37

Cheers! I know. Try adding a little real insight and you become a murder-justifier. jmg257 Jun 2020 #41

Hang in there.! Tipperary Jun 2020 #43

it is bullshit that people are putting words in your mouth SlogginThroughIt Jun 2020 #70

Thanks. Unfortunately you have to expect it now. Can't have a coversation jmg257 Jun 2020 #72

You're dreaming Disaffected Jun 2020 #56

No one that I could find. Sneederbunk Jun 2020 #15

Thank you. Its getting so if you dont spell out every little thing around here jmg257 Jun 2020 #17

Yeah, that happens here alright. Disaffected Jun 2020 #57

WTF? Sheesh. And we're all supposed to be the reasonable ones (in the country)! jmg257 Jun 2020 #60

He said that a friend had dropped him there. But that doesn't answer my question. pnwmom Jun 2020 #7

Ah got ya - sorry for the mistake. Your right, the cop should have moved it. jmg257 Jun 2020 #9

Yeah, a drunk suspect could have tried to make a run for it in his car! pnwmom Jun 2020 #14

Sheesh another great point! Cheers! jmg257 Jun 2020 #18

He was in the car, in line, in the drive through lane. Ms. Toad Jun 2020 #65

No Evergreen Emerald Jun 2020 #8

According to the article I posted, just sitting in a car that was OFF doesn't constitute pnwmom Jun 2020 #12

He was blocking the drive thru that is why the car was moved. Evergreen Emerald Jun 2020 #16

I know why the vehicle needed to be moved. But the cop shouldn't have directed pnwmom Jun 2020 #44

It was not off. It was running. Tipperary Jun 2020 #39

I can't speak to why on Earth the police would have him move the vehicle sir pball Jun 2020 #58

You are right. COLGATE4 Jun 2020 #26

Something similar happened to my client. no_hypocrisy Jun 2020 #11

Brings to mind the old legal maxim COLGATE4 Jun 2020 #25

I dont know what the law is in Georgia ... jcgoldie Jun 2020 #19

Yes. The wanted to chalk up a DUI. The cop who did all the talking oasis Jun 2020 #20

Wrong. You can be arrested sitting in your car, engine running, in your driveway, drunk Baclava Jun 2020 #21

But there is no evidence Brooks car's engine was running. Brooks had to turn it on pnwmom Jun 2020 #27

Did it levitate there? Pretty good chance he drove it there, drunk, thats enough for court Baclava Jun 2020 #34

He said a friend had dropped him off. Again, why would the cop ask a suspected DUI pnwmom Jun 2020 #35

How does a friend "drop off" someone in the drivers seat? Tipperary Jun 2020 #46

You didn't answer my question. I am interested in the behavior of the police officer pnwmom Jun 2020 #52

All this back and forth arguimg about a DUI is ok I guess for... brush Jun 2020 #38

Maybe, but if u want what ifs, what if they found the body of a dead girl in the trunk? Baclava Jun 2020 #42

Please. There was no body in the trunk. The guy asked to... brush Jun 2020 #45

Post removed Post removed Jun 2020 #48

Or handle it with compassion and let the guy walk home... brush Jun 2020 #54

Or that, but cities/counties/states make a helluva lot of money for DUI arrests, they wont stop Baclava Jun 2020 #55

There was a time that would have happened. Mom's Against Drunk Driving, or Hoyt Jun 2020 #49

There are cops on both sides. In 6 years I never even made it through a whole ticket book. jmg257 Jun 2020 #61

There need to be more like you. Can effective training instill... brush Jun 2020 #63

Sheesh l dont know. I thought so way back when, and it should be possible. jmg257 Jun 2020 #64

Another trick of law enforcement mercuryblues Jun 2020 #22

Ugh. Did they ask her about retaking it? Are you required to say yes to a second test? pnwmom Jun 2020 #32

No mercuryblues Jun 2020 #73

if he's in the car with the keys in the ignition COLGATE4 Jun 2020 #23

Why did the cop ask a DUI suspect to DRIVE A VEHICLE? That can't be proper procedure. pnwmom Jun 2020 #30

Generally when the car is stopped in the Drive Thru lane of a COLGATE4 Jun 2020 #67

Why did the police officer ask a possibly drunk suspect to get back into his car and drive it??? pnwmom Jun 2020 #68

You'd probably need to ask them. COLGATE4 Jun 2020 #69

In virginia, if you are sitting in your car drunk. drray23 Jun 2020 #24

+1 nsd Jun 2020 #29

But then WHY did the cop ask the DUI SUSPECT to drive the vehicle, pnwmom Jun 2020 #31

Yeah, asking him to move his car was a mistake and didn't make sense. nsd Jun 2020 #36

OK. When I had a small Turbineguy Jun 2020 #28

Rayshard Brooks was entirely too talkative and cooperative during the initial encounter. sop Jun 2020 #33

Yes, it's painful to watch. He was clearly trying so hard to not irritate the officer pnwmom Jun 2020 #40

I talked to an attorney who had a client charged with DUI for sitting on the porch... CaptainTruth Jun 2020 #59

That attorney is telling stories. Nevilledog Jun 2020 #62

Agreed. n/t Ms. Toad Jun 2020 #66

Either that, his client lied, or he's one sorry assed attorney. Hoyt Jun 2020 #71

Your attorney buddy is a teller of tall tales obamanut2012 Jun 2020 #77

Years ago TheFarseer Jun 2020 #74

This would be way different from NJ law where a moving vehicle is not necessary for dwi Jersey Devil Jun 2020 #75