Da'Shawn Hand arrested for DUI

#176
#176
Thunder Good-Oil said:
There was a Knoxville lawyer on the radio yesterday saying that there are DUIs being given to people sleeping in their cars with keys in their pocket. In the ignition shouldn't matter either... the engine has to be on to run the heater or the A/C. This just gives the cops yet another opportunity to harass citizens.
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Lawyer, you mean the people that get paid telling people this stuff? Yeah, id take that as my best source of information.

Ive been in law enforcement a long time and i can tell you there is no mass movement in law enforcement to lock up people for doing the right thing. If anything, our country is quickly moving the exact opposite is happening.

I will saw this though. Continue to watch social media sites to learn about this stuff. Because the good thing is people are always 100% truthful when they retell an interaction they had with a cop. So at least we have that going for us.
 
#179
#179
volfannbama said:
I expained this in another post and actually gave an example. For APC, courts look for, keys in ignition, driver behind wheel, car is operable. Like i said, people are not getting DUIs for doing tue right thing.
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People in this country are getting DUIs without even testing positive for drugs or alcohol. Let's not pretend DUI laws are only being applied to those who are deserving
 
#180
#180
BearCat204 said:
I understand the application there scooter
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Ole scooter is a smug little thing isn't he?

Soon he will hit you with the ultimate cop lie "I don't make the laws, I just enforce them".

While paying his union dues that literally go to making the laws.

2 things the libertarian party was fighting for in TN was medical marijuana and constitutional carry. On both it was the police union, sheriffs union, and the prison guard union lobbying against it
 
#182
#182
BearCat204 said:
IMO it is exactly the same. The purpose of DWI/DUI laws are to prevent you from operating a vehicle on the roads to protect yourself and other drivers. You are posing no threat at all to harm yourself of others by sitting in a parking lot in a non moving vehicle drunk. JMO and I know its not a popular opinion.
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What if the person is asleep at a stop light? It's a slippery slope. The law in TN is if the person is in an area for the public at large. If it's on private property, you have a great defense.
 
#183
#183
Vol8188 said:
There's also people getting DUI's despite testing negative for drugs or alcohol
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In TN, the blood draws take time to get tested. If it comes back negative, it will get dismissed. I have probably seen that very few times in my career.
 
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#184
#184
VolGee4 said:
What if the person is asleep at a stop light? It's a slippery slope. The law in TN is if the person is in an area for the public at large. If it's on private property, you have a great defense.
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I would suggest that its much different being on a public roadway than in a parking lot. JMO

I know what the laws are in Tennessee and Alabama, I just don't agree with them is all I am saying.
 
#185
#185
BearCat204 said:
I would suggest that its much different being on a public roadway than in a parking lot. JMO

I know what the laws are in Tennessee and Alabama, I just don't agree with them is all I am saying.
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I understand. Not everyone agrees with every law. But it's not going to change. It's going the opposite direction.
 
#186
#186
VolGee4 said:
I understand. Not everyone agrees with every law. But it's not going to change. It's going the opposite direction.
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Oh, I know....especially in the state of Alabama. Our leaders hate alcohol so much they tried to ban the ability to serve pitchers of margaritas lol.
 
#188
#188
VolGee4 said:
What if the person is asleep at a stop light? It's a slippery slope. The law in TN is if the person is in an area for the public at large. If it's on private property, you have a great defense.
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There's literally no slippery slope. A redlifgt would be on the road. No one is arguing you should be able to sleep at redlights even when sober. Nor would changing dui law change that
 
#191
#191
BearCat204 said:
IMO it is exactly the same. The purpose of DWI/DUI laws are to prevent you from operating a vehicle on the roads to protect yourself and other drivers. You are posing no threat at all to harm yourself of others by sitting in a parking lot in a non moving vehicle drunk. JMO and I know its not a popular opinion.
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So then how can they arrest anyone? When a police stops someone, that person pulls to the side of the road and is sitting in a non moving vehicle with the engine running. Maybe they just need to pull into a parking lot and then plead innocence.

Why did he need to have the car running if he was parked??
 
#192
#192
volfan102455 said:
So then how can they arrest anyone? When a police stops someone, that person pulls to the side of the road and is sitting in a non moving vehicle with the engine running. Maybe they just need to pull into a parking lot and then plead innocence.

Why did he need to have the car running if he was parked??
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Congratulations on posting the dumbest thing on this site today. Well earned.
 
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#193
#193
Vol8188 said:
Expecting people not to be charged with dui after negative test results is not expecting too much. After the results come back, drop the charge.
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And that is generally what happens. And thats not just from a cop, he have a lawyer here saying the same thing. But the decision to arrest is made well before that. Learn how to do an HGN test and do it on your buddy, next time he is drunk. Its amazing stuff really.
 
#195
#195
volfanngatorland said:
Congratulations on posting the dumbest thing on this site today. Well earned.
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If that was dumb then the argument to not arrest someone sitting in a non moving vehicle that is parked engine running with light on is dumb.

All of you who believe this BS that is now coming out are the ones that are dumb. Excuses.

If he had hit and killed someone you would be tooting a different tune right now.

He should have called someone from the bar or had someone from the bar call someone for him. That was the right thing to do. When he walked out the door and got into the car and started the engine he make a mistake.
 
#196
#196
And for those who think TN and Alabama are bad - he would have been arrested in CT as well:

The definition of “operation” in regards to motor vehicles can vary from state to state. In the state of Connecticut, “operation” refers to certain actions. This includes any action that intentionally could set the motor power of the vehicle in motion. This can refer to doing something as simple as putting your car key in the ignition. Also, it might include starting the engine with a remote.

Using any mechanical or electrical agency that could start the vehicle constitutes operating the vehicle. This is an extremely broad definition. You do not actually need to have the intent to start the engine of the car. Sitting in the car and putting a key in the ignition constitutes operating the vehicle. As a result, if intoxicated and charged with operating a vehicle under the influence, you could face fines and a license suspension. While operating under the influence differs from driving under the influence, you could still face charges and go to court.
 
#197
#197
volfan102455 said:
So then how can they arrest anyone? When a police stops someone, that person pulls to the side of the road and is sitting in a non moving vehicle with the engine running. Maybe they just need to pull into a parking lot and then plead innocence.
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In your hypothetical, why was the person pulled over?

Why did he need to have the car running if he was parked??
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The A/C doesn't work without the engine running.
 
#199
#199
Quick research - every state I have looked at would consider this activity as DUI. Most laws say 'operate' a motor vehicle not "drive". And most look at intent and other things.

Car running - lights on - person in the drivers seat = DUI in every one I looked at.
 
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#200
#200
volfan102455 said:
Quick research - every state I have looked at would consider this activity as DUI. Most laws say 'operate' a motor vehicle not "drive". And most look at intent and other things.
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You are wasting a lot of energy arguing a point that no one is disputing. Those who are saying it's a bad law (I'm not) are not saying that it isn't, in fact, the law.
 
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