10

DUI in your own driveway?

Posted by johnpe1 9 years ago to Government
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the appeals court got this one right, don't you think? -- j
.


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  • Posted by $ jdg 9 years ago in reply to this comment.
    I'm curious: what does DUI have to do with quartering troops in somebody's home during peacetime (which is what the 3rd is about)?
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  • Posted by $ jdg 9 years ago in reply to this comment.
    I'm with you. The law should not be banning any action merely because it "just might" lead to someone getting hurt. And DUI laws, as well as gun regulations, are among the worst in this respect.

    If a guy actually goes out and drives drunk, and a cop gets video of him weaving all over the road, then go ahead and arrest him for reckless driving. But the mere fact of alcohol in his bloodstream doesn't necessarily predict how badly he will drive -- even if he intended to drive at all.
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  • Posted by scojohnson 9 years ago in reply to this comment.
    That policy ignores the geographic diversity of the country. For example, I've been looking at houses in Southern Idaho with 40-80 acres. If I want to drive around with my 4x4 enjoying a Corona on my own property, I see no harm in that, nor should society.
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  • Posted by Donald-Brian-Lehoux 9 years ago in reply to this comment.
    I neve thought I could be insulted, MP not real police? Gee I wonder how all the people in Iraq, Afghanistan and Pakistan doing police work would say about that? When I was in Iraq they were told it is police work.
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  • Posted by Herb7734 9 years ago
    The next step is to DUI a potential driver who has a drink inside his home.
    Hey, it's Detroit. They need the money so badly that I wouldn't put it last them.
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  • Posted by term2 9 years ago
    I think that there is no justification for DUI at all unless someone's right to his own life or property is violated. Therefore, DUI laws as written should be unconstitutional, and it doesnt matter whether the car was in the driveway or on the street.

    This is another in the long line of victimless crimes which shouldnt be crimes at all.
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  • Posted by $ MichaelAarethun 9 years ago in reply to this comment.
    MP were never considered to be real police officers.I can tell by your level of explanation the level of your training. One of the main reasons where civilians were concerned civil police automatically took jurisdiction. The finer points of the law without violating someones civil rights were just a touch beyond the abilities of kiddy cops. Jack Reacher is fictional. I cannot and will not answer for everyone local police department. That's the responsibility of the voters in the that jurisidiction. I suspect they got what they asked for same as political representation.
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  • Posted by $ MichaelAarethun 9 years ago in reply to this comment.
    What gave them the right? The people of the USA voted in a group called congress and that group voted in those laws and civics 101
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  • Posted by $ allosaur 9 years ago
    A 2-to-1 ruling for THAT?
    Guess which one Obama would tap to make decisions on the SCOTUS.
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  • Posted by $ puzzlelady 9 years ago
    I suspect the "driver" was harassed because his loud noise had annoyed his neighbor and the cops were pissed off to be called for the third time. The moving of the vehicle into and out of the garage was just a pretext for the cops to nab him. Being a public nuisance was the main offense; the 25 feet of vehicle moved was just the technicality. I wonder what they would have done if he'd just sat in his driveway in a lawn chair. I suspect that he moved the car into the garage after the loud music complaint but then realized that running the engine in that closed space could kill him with fumes (a sobering thought). So he decided to take it back out. Anyway, I wonder how the cops determined that he was drunk? What gave them the right to go on his property in the first place? This could not have been the first incident of neighborly friction. The strategy would have been to invite those neighbors to the party, too.
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  • Posted by $ MichaelAarethun 9 years ago in reply to this comment.
    To keep his wife from beating him up. He was safer there than in the house. The major categories of crime were theft/burglary, household disputes and violence, DUI/DWI just another corner of middle Americana. Our jail population went up from Thanksgiving to Christmas because of the menu (50% unemployment in Panama itself). Prison sentences also offered school's in carpenters, plumbers, electrician, welders. They were popular. I had one arrest where the guy broke in the post office glass door with a two by four and then assumed the position and recited the rights card. He had done three of four and couldn't find work so went back for meals and training as a welder. Biggest problem was paying somebody to get a job and then to get paid and then to get the money to a bank or some safe area from the bank. It was interesting...

    When our jobs left along with the Carter Church Kennedy I declined to work in the same field and went back into the military (infantry) where it was safer.
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  • Posted by Donald-Brian-Lehoux 9 years ago in reply to this comment.
    Peter a night in the drunk tank than in front of the judge, yep. If he was in his drive way why the drunk tank why not in his home? Also in HIS drive means you trespassed, Violated due process by not having a complaining party. Hagans v Lavine, The law requires proof of jurisdiction to appear on the record of the administrative agency and all administration proceedings,” I was MP. If we must obey the law so should you.
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  • Posted by $ Thoritsu 9 years ago in reply to this comment.
    Crazy, I am. The only question is "Is this an example of it?"

    I actually think this and smoking weed in your own house would appeal to the left if they were made to think about it.

    It just doesn't appeal to the masses when they are in lynching-mode.
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  • Posted by $ MichaelAarethun 9 years ago in reply to this comment.
    Panama Canal Zone. We had the CZ Company which ran the canal and the CZ Government which iprovided the rest of our version of Americana. I was in the CZP which like the other three federal police agencies of those times were - for the most part - local street and neighborhood police. The others were Washington DC Police, Bureau of Indian Affairs Police, and White House Police. We had two Magistrates one each for the north and south sides of the zone and one higher if memory serves. Appeals went to the District that handles New Orleans etc. We had police powers over the entire zone including the military police who were limited to uniformed military only. Off post or if a dependent, employee or any form of civilian was involved we were the only police that counted. In sixty some years we lost one officer to a motorcycle accident. We also had a Bush Patrol for the interior of the zone, and worked with Immigration and Customs and when one of the Judges needed something or in prisoner transfer. Other than that we were Officer Friendly always present at school bus time.
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  • Posted by $ MichaelAarethun 9 years ago in reply to this comment.
    Where did you get the crazy idea that your drive way was private property or off limits to public officials in the performance of their duty. LMFAO How droll. Where did you get the idea that you definition of private property means anything to the left?
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  • Posted by $ Thoritsu 9 years ago
    Yes they did. Just like on a golf course or race track, private property is not a public road, and DUI, turn signals, registration and any DOT regulations are VOID! No different than driving a lawn mower, tractor or golf cart! The question is who was the "1" idiot judge ruling against?
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  • Posted by $ MichaelAarethun 9 years ago in reply to this comment.
    We often took the the route left open to street police of protecting citizens while not ruining the lives of individuals. All our clientele were military or civilian government employees or their family members.

    Accordingly we wielded an extreme amouont of power. Something as simple as the date to appear which could be any date we street police chose. within a certain amount. Before, on, or after a payday often made a difference. Deciding who to charge and with what. A speeding military vehicle operator given orders to drive faster by a senior officer often resulted in a warning for the driver and an arrest for the offending officer. The charge was misprision of office - a felony. Back to the DUI or DWI amazing how many cold not remember where they parked the automobile the next day. We were able to divert the real problem people into various programs on many occasions. On the other hand when it was truly deserved we could exhibit no mercy at all.

    Officers with the least accident rates including those involving passengers and ambulance calls invariably wrote the most warning tickets
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  • Posted by $ MichaelAarethun 9 years ago
    Per the law where I served as a police officer inserting a key never mind turning it on showed intent to drive and if DUI or DWI at the time qualified as a DUI/DWI charge. the one and only main reason we asked for the ignition keys. A night in the drunk tank was better than a seeing the Judge on one of those charges.
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  • Posted by $ Olduglycarl 9 years ago
    WOW...they forgot to take their meds with modern day coolaid that day and Finally...got something right.
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  • Posted by CircuitGuy 9 years ago
    I agree on Third Amendment grounds.

    I also question the whole idea of drunk driving being a crime. Obvious it's a horrible thing to do, but it seems like we single it out over other dangerous behaviors.

    I am not saying I want to legalize impaired driving. It just feels like people and gov't design cities around cars and then rightly say your health status is everyone's business because you're putting others at risk when you choose to drive a car. It is a choice, but we don't make it easy to move around in other ways. Choosing to use a car or commercial aviation, i.e. the main ways people move in our society, causes you to forfeit rights, and I wish there were a way for it not to be that way.
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