How can you get a DUI on private property?

[ratski]

This is a serious question. Not looking to start major arguments, etc, but..

One thing that I haven't seen addressed with this mess in Atlanta where the cop shot the guy in the Wendy's parking lot...

From what I understand, the police were called because the guy had apparently fallen asleep in the drive thru line at Wendy's.

When they got there, at some point they gave him a field sobriety test, that he apparently failed and a breathalyzer test that he failed and then the proceeded to try to cuff him and everything went wrong from there.

Here is my question, if someone is on private property. NOT on a public road. NOT on a road that is owned, maintained, put down, etc by the City, State or Feds, but a parking lot or private property, how can they be issued a DUI?

On top of that, I understand APC (Actual Physical Control), the car was not being driven.

So, serious question, how can a DUI even be considered when you are on private property?

Thanks.

Dave

 

[rswink]

When the owner of the property calls then to come deal with you.

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[Cowcatcher]

Sadly, I know of a few guys that have wound up with a dui when they were sleeping it of in their car in a parking lot. They say that if the keys hadn’t been in the ignition they would’ve been ok.

 

[cal7.62x39]

You make a semi valid argument. I have heard that APC is subjective from different departments. From engine running to if keys are within a certain ease of access. That aside I'm sure that alcohol consumption would be a violation of his parole.

 

[TwoForFlinching]

I've always heard that having keys on your person /in your possession is intent, which is enough to be considered DUI.

 

[dennishoddy]

Sadly, I know of a few guys that have wound up with a dui when they were sleeping it of in their car in a parking lot. They say that if the keys hadn’t been in the ignition they would’ve been ok.

As a lawyer friend told me one time, if your going to take a nap throw the keys into the darkness as far as you can throw them and don't expect to get them back because if your that shat faced you won't remember where you threw them, but getting new keys, with the highest paid locksmith in town is gonna be a whole lot cheaper than paying him to represent you in a DUI case.

 

[bigfug]

DUI is a criminal offense, not a traffic offense. Traffic laws are not applicable on private roads/lots, which is why PD will not do an accident report in a parking lot, speeding in a gated community etc. Criminal acts are applicable whether private or public property.

 

[Progun223]

The way the statute is written it includes private roads and public places, either operating the vehicle or in control of it, while intoxicated.

 

[bigfug]

When the owner of the property calls then to come deal with you.

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That's one reason, but they don't have to call. One of OCPD's LT's is one of the top DUI guys in the country, and responsible for half the dept's DUI's singlehandedly. He'd do vehicle checks on cars in lots of closed bars/restaurants, etc, and would get a lot on APC, things like that.

 

[Tanis143]

This is why its cheaper to call a Taxi than to do any of the other things.

However, it also depends on the private property. If you were at a friends house, had too much, and slept it off in your car, you probably wouldn't get hit for it. However, the guy was drunk, in the drive through lane, at an establishment that doesn't sell alcohol. Its kinda obvious he was drunk before he got there, so easy to say he was DUI.