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How can you get a DUI on private property?

Discussion in 'General Discussion' started by ratski, Jun 18, 2020.

  1. dennishoddy

    dennishoddy Sharpshooter

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    With Uber and Lyft there should be zero DUI's now.
    We use them all the time when going out if we anticipate having alcohol. That $20 or so plus tip is cheaper than a 20 grand expense for a DUI.
     
  2. surjimmy

    surjimmy Sharpshooter

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    If your passed out in your car and you have the keys, it used to be called APC(Actual Physical Control)
     
  3. dennishoddy

    dennishoddy Sharpshooter

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    Still is.
     
  4. surjimmy

    surjimmy Sharpshooter

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    Thought so, but wasn't sure.
     
  5. TerryMiller

    TerryMiller Sharpshooter

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    Not always available. We had our work van break down a few days ago and had to call a wrecker. With the prospect of the van being at the Ford dealer's overnight, we needed to find a way to get to our hotel about 20 miles away. Neither Uber nor Lyft had any vehicles available. It was on a Friday evening, so that might have had something to do with it.

    The problem with the van was from overheating, so we walked across the street to Walmart and bought some 50/50 antifreeze and poured in just a bit less than 2 gallons. When we had an oil change that morning, the technician forgot to put the coolant reservoir cap back on. We bought a new cap and had no problems driving the van to the hotel. Got it checked out on Monday morning and have been driving it since with no problems.
     
  6. JD8

    JD8 Sharpshooter

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    I knew a girl that happened to, damn near 20 years ago. She passed out in the Taco Bueno drive thru and she got a DUI.

    On the flip side, again, many moons ago, a buddy of mine was in his jeep outside a frat house in Norman talking to a young woman. Wasted, but keys were in pocket. Norman PD rolled up and gave him an APC, they tried to say he'd been driving etc, he hadn't.
     
  7. Fyrtwuck

    Fyrtwuck Sharpshooter

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    There is a difference between “private property” and property that has “public access”. In the case of the drive through, the public had access. If you were on yours or a friends property drinking in the front yard and people were complaining, it could be “creating a disturbance”.

    I saw in the video that cars were passing through and some who got out with phones in hand just to record the event which leads me to believe it was public access.

    Yes, APC can be charged if a person still has the physical ability to start the vehicle and drive off. Typically if the vehicle isn’t operable, the charge could be public intoxication.

    Depending on the amount of problems the subject caused with the complaining party or the officer, it could result in a phone call to be picked up, a ride home, some tickets and vehicle impound or a night in detox or jail. People tend to change personalities when intoxicated. I’ve seen happy, depressed, agitated and violent. When they sober up, they are completely different people.
     
  8. Cohiba

    Cohiba Sharpshooter

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    I know we're talking about DUI...but don't forget TRESPASSING.

    Trespassing is the legal term for the situation in which one person enters onto the land of another without permission or the legal right to be there. Depending on the circumstances and the law in place where the act occurs, trespassing may be considered a crime, a civil wrong (called a "tort"), or both.

    Similarly, some American courts will find liability for unintentional intrusions only where such intrusions arise under circumstances evincing
    negligence or involve a highly dangerous activity...Intoxicated in a vehicle that "arrived" at the Wendy's while the person was intoxicated???

    Did he have a right to be there? Employee, Manager, Owner, After Hours Maintenance Work?? Was the Wendy's "open" for business or closed...with no purchasing reason or any reason to be on that property??
     
    Last edited: Jun 19, 2020
  9. magna19

    magna19 Sharpshooter

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    Only thing I noticed in the video that should not have happen. It appeared the officer suspected DUI and told him to move his car over to parking spot. After the driver fell asleep again the officer still had him drive his car. I do not think he should have been allowed to move his car then. Once parked and interviewed policy was followed.
     
  10. Fyrtwuck

    Fyrtwuck Sharpshooter

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    True. On one hand it could have caused more problems if he had hit another car or a pedestrian after the officer told him to move it or even attempt escape. On the other, if the officer moved the car and didn’t have someone else to control the driver, he could escape. Or, there could be accusations that the officer planted something inside the car or damaged it.
     

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