End of Driver’s Licensing

#76
#76
I talked with a lawyer I know and we actually ran through this topic. The idea is if you are "in control of the vehicle" you open the door to a DUI if also sufficiently intoxicated. This can almost be read as "If intoxicated proximate to a vehicle of which you have the keys you are open to a DUI charge.". He didn't really disagree when I posited that such a POV by the law literally diminishes the reason to not just say "F'it, might as well drive drunk since in the eyes of the law I'm just as guilty trying to sleep it off.".

That's nonsensical is hell to me.
 
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#77
#77
Septic said:
If you can make it down centerpoint road in Hendersonville inebriated without crashing, you ought to get an award.
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Uh oh, you might be a contender with hog in the vol8188 old man tried to kill him case. These things always have a way of surfacing when you sleep in your car.
 
#78
#78
hndog609 said:
I talked with a lawyer I know and we actually ran through this topic. The idea is if you are "in control of the vehicle" you open the door to a DUI if also sufficiently intoxicated. This can almost be read as "If intoxicated proximate to a vehicle of which you have the keys you are open to a DUI charge.". He didn't really disagree when I posited that such a POV by the law literally diminishes the reason to not just say "F'it, might as well drive drunk since in the eyes of the law I'm just as guilty trying to sleep it off.".

That's nonsensical is hell to me.
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If that quote is true, I wonder what would happen if someone was outside the vehicle and had called a cab/uber and the cab/uber was late arriving and an officer got there first.
I'd like to think the officer would at least wait for the cab/uber to arrive.
 
#79
#79
GordonC said:
If that quote is true, I wonder what would happen if someone was outside the vehicle and had called a cab/uber and the cab/uber was late arriving and an officer got there first.
I'd like to think the officer would at least wait for the cab/uber to arrive.
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Any officer with the proper disposition and motivations absolutely would. Like an officer’s interaction with the public, you never know what you are going to get…so always prepare for the worst.
 
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#80
#80
GordonC said:
If that quote is true, I wonder what would happen if someone was outside the vehicle and had called a cab/uber and the cab/uber was late arriving and an officer got there first.
I'd like to think the officer would at least wait for the cab/uber to arrive.
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I think the issue is, you have douchebag cops and you have decent cops. Your luck depends on whether you go to jail for some idiots ego or go home.
 
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#81
#81
GordonC said:
If that quote is true, I wonder what would happen if someone was outside the vehicle and had called a cab/uber and the cab/uber was late arriving and an officer got there first.
I'd like to think the officer would at least wait for the cab/uber to arrive.
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I don't think there's an actual mandate for arrest under the more outlier circumstances (hence the use of the phrase "open to") but I still have a strong negative take on the idea that the D in DUI doesn't even have to come into play.
 
#84
#84
Rickyvol77 said:
Cash cow? Lol you obviously have never went to DUI court
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DUI in North Carolina is a monster cash cow for the state. The fine, court cost, mandated alcohol awareness classes run by the State and alcohol counseling classes that you pay about $500 for to lessen your sentence, paying to get your temporary license, paying to get your regular license reinstated, in some cases paying hundreds of dollars every month for an interlock system. It’s over kill.
 
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#85
#85
VolStrom said:
Of course they are always silent and absent when a drunk illegal kills someone
Can you dispute this statement?
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Considering I don't follow their activities, I do not have the knowledge to respond. I hadn't heard of that group for years until the board's shock jock called them leftist filth.
 
#86
#86
Cops don't want to prevent DUIs, or any crimes, for that matter. It isn't their job to. If it was, they'd hang out by bars and restaurants and approach obviously intoxicated people who were about to get behind the wheel of a car.

What they want you to do is get behind the wheel of a car and start driving down the road so they can pull you over. And of course, you don't have to be legally drunk to get a DUI. That's just the threshold at which they'll give you one no matter what, even if you were in total control of the car. You can get a DUI if you blow a 0.01 or any amount below the legal limit.
 
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#87
#87
hog88 said:
They’re not giving up the cash cow of DUIs.
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I was listening to the radio probably three years ago. Pre-Covid. Anyway the mayor of Cincinnati was on. He was discussing why he was not in favor of Uber and other ride share companies taking over. One of the reasons he cited was the cities loss in fines due to DUI arrest. Couldn't believe it.
 
#88
#88
Ricky never saw a law he didn't like. Regarding his former career as a LEO, he does not give the impression of being "one of the good ones".
 
#89
#89
volfanhill said:
I was listening to the radio probably three years ago. Pre-Covid. Anyway the mayor of Cincinnati was on. He was discussing why he was not in favor of Uber and other ride share companies taking over. One of the reasons he cited was the cities loss in fines due to DUI arrest. Couldn't believe it.
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I believe it. There is a reason PDs give out awards for most DUI arrests and it ain't public safety.
 
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#91
#91
Tennessee is one of the few states where a passenger(s) can have an open container of alcohol and be consuming it while going down the road.

Someone correct if wrong, but you have to be careful with that because if you are a passenger in your own vehicle and drinking, and someone else who is totally sober is driving, you (as the owner of the vehicle) can still be charged with DUI. I think for it to be 100% legal you technically must be drinking in someone else's car.
 
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#92
#92
Off topic, but when I was in Knoxville, I got to know Marcos Garza. A guy I know was good friends with him and we ended up hanging out a bit. Nice and fun guy to be around and apparently pretty good DUI defense guy.

If I were to get pinched in Knoxville, I’m calling Marcos.
 
#93
#93
I had a Corp cop threaten me with a BUI once. We were anchored floating off the back when they pulled up for a safety inspection. Of course he saw me with beer in hand (wasn't trying to hide it) and started to tell me he was going to give me a sobriety test. I explained that I was at anchor, I have a potty, sink and can lay the back seat down for a bed. But ok and so once we get done with my test we can motor on over to those big houseboats and give all their owners sobriety tests. It would save him some gas to get us all at once.

The older cop riding with him told him to get back in the boat and told us to have a good day.
 
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#94
#94
Vol8188 said:
After almost being hit by an elderly man today I had two thoughts.

1. Automated vehicles will allow our seniors to live with more liberty and safety.

2. Will a drivers license become obsolete due to advances in technology?
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Nah, you’ll still have to show an ID for voting in all states. Wait a second…
 
#98
#98
DC_Vol said:
If I wanted to press trespassing charges. I’d probably tell him go home and get your life straightened out.

Do you think a guy who drank too much, had nowhere to go, decides to sleep in his backseat instead of drive should go to jail, lose their drivers license, and deal with the other fallout for drunk driving?
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So a guy gets wasted and decides to camp out on someone’s property and we should just let him sleep it off
 
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