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How can you get a DUI on private property?

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

  1. montesa

    montesa Sharpshooter

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    About 15 years ago a friend of mine borrowed his dads red corvette when he went out of town. Searched the whole house and found the hidden keys. Kept track of the odometer planning to roll it over to a number similar to what it was and hope his dad wouldn’t notice. He took the corvette down to Dallas to party. Pulled over in a neighborhood to take a leak in someone’s front lawn. Cops pulled up. He tossed the keys as far as possible in time and they just towed the car and arrested him for public intox.
     
  2. Fyrtwuck

    Fyrtwuck Sharpshooter

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    If a person is to be charged with Trespassing and signs aren’t posted, don’t they have to be told to leave first?
     
  3. magna19

    magna19 Sharpshooter

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    So he should have told him to shut off the vehicle if it was running, and/or told to get out at the spot he was pasted out at. The only issue at the start was possible DUI. Not that he may run. After the second time he passed back out should not have been allowed to control the vehicle IMO.
     
  4. HJB

    HJB Sharpshooter

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    Trespassing is not even relevant in this case. If the property owner had asked for him to be trespassed that would be one thing, but they did not. And then he would have to leave the property and not return or he could be arrested for trespassing. There is nothing that indicates this guy had ever been trespassed on this property.
     
  5. Cohiba

    Cohiba Sharpshooter

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    NO SIR...........By default..........if he is NOT the owner, employee, or employed/contractor, nor has verbal or written consent he is trespassing. Remember...It's private property. Unless he owns it.


    Let's say he fell and broke his arm...no police involved. He'll try to state he was injuried and wants compensation,...sorry but if the store is NOT open why was he there? The attorney for the store...the first thing out of their mouth...why was he trespessing?? That's why during "normal" hours they record and employees are supposed to monitor...accidents and claims...but that's during "open" hours which leads to other issues...was it caused by a negligence of an employee...unattended hazard..etc.

    Why do you think the NFL states after EVERY game NOT to record the game....THEY own it...even though everyone does it....

    Edit: I'm not an attorney, my wife is but she will NOT share nor dispense legal information nor legal opinions on the inetr-net.

    From Wiki:
    Private property refers to a kind of system that allocates particular objects like pieces of land to particular individuals to use and manage as they please, to the exclusion of others and to the exclusion of any detailed control by society.[1] In legal terms it's usually a designation for the ownership of property by non-governmental legal entities.[2][full citation needed] Private property is distinguishable from public property, which is owned by a state entity; and from collective (or cooperative) property, which is owned by a group of non-governmental entities.[3] Certain political philosophies like socialism and anarchism make a clear distinction between private and personal property[4] while others blend the two together.[5] Private property is a legal concept defined and enforced by a country's political system.[6]

    Example: Most people don't even know thisvvvvvvvvv
    School land/ public schools ARE private property...they are owned by the school district. That's why a Principal can and will ask you to leave if you become troublesome....and the police will drag your screaming a$$ away.
     
    Last edited: Jun 19, 2020
    dennishoddy likes this.
  6. Fyrtwuck

    Fyrtwuck Sharpshooter

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    I know it isn’t, but I was responding to what Cohiba said with a question. The reason for my statement was that I was told by an attorney that before a person could be charged with Trespassing, the property had to be Posted or the trespasser had to be informed and THEN if they refused to leave, they could be arrested.
     
  7. HJB

    HJB Sharpshooter

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    Yes, I believe that is correct. I didn't realize you were responding to someone, it just seemed you were asking a question that you were not sure of the answer. Sorry...
     
  8. Cohiba

    Cohiba Sharpshooter

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    Fyrtwuck

    They might...if they are trying to charge the person. I KNOW this....adjusters will not pay claims and even go to court if a person states they were injured during non-working/ not open hours. The first thing out of their mouth is...why were you on the property? Why were you trespassing?

    Example: Home owner is NOT at home...so he/she cannot ask me to "leave" their property. If I park my car in the middle of their front yard...am I trespassing? I know rural areas/farms put up signs.....but should EVERY home in an urban area post a sign, business, ...etc???

    I don't thinks so. Business is to HAVE customers during open hours. When they are closed and NON-OPERATING...what is the defense of a person parked on private porperty? As a teenager I and a lot of my buddies were asked by the cops to "move on" when we were sitting in a closed gas station..just hanging out...that we didn't own....did we have a right to be on that private property ....even though the owner didn't ask us to leave and we had no "open store business to conduct there". If I or a buddy's dad owned the property...I/we could state an "ownership of private property " and within our rights to be there.
     
  9. Cohiba

    Cohiba Sharpshooter

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    The reason I'm even talking about this as all...is chain of events. When the defense attorney for the two cops starts/states his case. I think...I don't know for sure.....trespassing might come into play... to strengthen the defense claim. Will this ONE aspect absolve/resolve anything? I don't know but I believe if the attorney asks....Why was he there? The next statement might be....Why was he trespassing? If he wouldn't have been there and the police inquire/investigate(throw in trespassing) this wouldn't have happened. Do I think this will be brought up at all...don't know.

    Trespassing....isn't that why cops check on cars/people during non business hours. They will say....Move on..if you don't own this property or have permission..show me the written permission..let me call the owner and verify. Isn't that how they can ask you to leave or investigate why you or a car is there during NON-open hours.....trespassing

    Let's wait and see how it evolves and their attorney tries to handle it.

    EDIT: I do NOT know...but was the Wendy's closed? I thought so..not 100% sure...that's why I'm approaching it from this angle. If it was open and he was conducting business, not interfering with normal business nor a nuisance...I am remiss and stand chastised and rebuked.
     
    Last edited: Jun 19, 2020
  10. HeyEng

    HeyEng Sharpshooter

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    Trespass law in Georgia doesn't follow common law. You have to be "trespassed" before you can be charged. As in, you have to be TOLD to leave and then refuse to do so.

    Wrong.
     
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