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Manimal or any other law enforcement types.

Dog Welder

Turbo Monkey
Sep 7, 2001
1,127
0
Pasadena, CA
What does the law say about sleeping in your car? A coworker's son went to a bar, got drunk, started to drive but realized that he was too drunk to drive, pulled over, threw his keys in the back seat and went to sleep. Some cops woke him up, arrested him for a DUI, and took him to the station. He's got a medical condition where he sometimes can't hold his bladder, pissed his pants, and got punched in the neck and kneed in the groin for it by the arresting sherriff.
 

sanjuro

Tube Smuggler
Sep 13, 2004
17,412
0
SF
The police brutality is unacceptable, but I believe in most states being in your car drunk is a crime, simply because you are that much closer to driving drunk.
 

Westy

the teste
Nov 22, 2002
36,558
3,356
Sleazattle
I have a friend that passed out in his car, fearing getting a DUI he actually locked his keys in the trunk and was in the back seat. He still got the DUI. This was in South Dakota though.
 

stinkyboy

Plastic Santa
Jan 6, 2005
15,192
0
¡Phoenix!



"I'm no lawyer." "I'm no lawyer." "I'm no lawyer." "I'm no lawyer." "I'm no lawyer." "I'm no lawyer." "I'm no lawyer." "I'm no lawyer."
-Condi Rice
 

Jeremy R

<b>x</b>
Nov 15, 2001
9,502
512
behind you with a snap pop
....or the other side of the story...
the dude was so drunk, he got pulled over and THEN jumped in the back seat thinking the magic power of grey goose would hide him.
And when they got down to the station he was so smashed that he thought the magic power of grey goose would protect him, so he pulled out his hoo hoo dilly and peed on the Sheriff's shoe while laughing uncontrollably. And he was rewarded a swift punch to the neck and a wahoo chop to the scrot for his efforts.:blah:
 

godzilla

Chimp
Dec 19, 2005
78
0
A good lawyer is going to tell him to write down EVERYHTHING he remembers about the experience, he may as well get started before the details are forgotten.

I'm just about to finish up the nightmare that was a DUI last Feb. Don't drink and drive kiddies - you can't begin to imagine what a b1tch it is until you've had one.

To answer your question - I've heard of numerous instances where people sleeping in their cars were issued DUIs - in Colorado.
 

manimal

Ociffer Tackleberry
Feb 27, 2002
7,214
14
Blindly running into cactus
1. get a good lawyer

2. states differ on this, but in NC, he must be "in control of the vehicle" to constitute a DWI and if the keys are not in the ignition..he is not in control of the vehicle. that definition will vary by state.

3. while getting punched in the neck for simply pissing himself is most definitely over the line....you have to remember that your friend was too drunk to drive and may have a different recollection than what really happened. i've had a ceo of big local company square off with me when he was drunk and gave me no choice but to thump him. once he sobered up he tried to claim that i brutalized him...until their lawyer saw the in-car camera film of the incident. it's kind of nice getting a letter of apology from someone that you had to thump :D
 

Silver

find me a tampon
Jul 20, 2002
10,848
0
Orange County, CA
I got a DUI sleeping in my car once.

In the defence of the cops, the car was moving down the highway at 60mph with me behind the wheel. I was just resting my eyes! It's hard to stay awake when your blood alcohol content is 0.42...
 

manimal

Ociffer Tackleberry
Feb 27, 2002
7,214
14
Blindly running into cactus
Silver said:
I got a DUI sleeping in my car once.

In the defence of the cops, the car was moving down the highway at 60mph with me behind the wheel. I was just resting my eyes! It's hard to stay awake when your blood alcohol content is 0.42...

umm...wow. .30 is pretty much legally dead. :dead:
 

Echo

crooked smile
Jul 10, 2002
11,818
1
Slacking at work
While I don't think your buddy deserved to get kicked in the jewels or punched in the adams apple, it was a really bad idea to sleep in the car. You gotta call a friend or a cab, being in the car drunk is always a lose-lose situation. And now it's his word against a cop. Guess what's gonna happen.
 

douglas

Chocolate Milk Doug
May 15, 2002
9,889
0
Shut up and Ride
what was is BAL?
did he fail both, field test & then breath at the station?


in my state, pretty much no one can get out of a DWI/DUI
 

Konabumm

Konaboner
Jun 13, 2003
4,377
67
Hollywood, Maryland, United States
A few years ago after have WAY to much to drink I went to sleep in the bed of my truck and put the keys in the cab. When the cop woke me up he told me that I wasn't going to jail but it might be a good idea for me to turn my truck off.

I was really thankful he was a cool cop.
 

macko

Turbo Monkey
Jul 12, 2002
1,192
0
THE Palouse
manimal said:
1. get a good lawyer

2. states differ on this, but in NC, he must be "in control of the vehicle" to constitute a DWI and if the keys are not in the ignition..he is not in control of the vehicle. that definition will vary by state.
Lawyer up. Depending on how the law is written in his state, this situation can fall into a bit of a grey zone. In AZ, if you are in posession of the keys to a vehicle and are within a distance of that vehicle (50 ft??) you can be cited for DUI. Now, being "in posession" can (and has been) contested; does that mean actually holding the keys or can the keys be out of reach? Etc. etc. That's where Jacoby & Meyers can help out.
 

Reactor

Turbo Monkey
Apr 5, 2005
3,978
1
Chandler, AZ, USA
manimal said:
umm...wow. .30 is pretty much legally dead. :dead:

When I lived in Key West for a few months one of the other Navy guys went of a curb at about 100+ mph on a motor cycle. He was dead when pulled from the water with a BAC of .52. Apparently he was pretty drunk, and then did several shots before leaving the bar. I can't even imagine him starting a motorcycle, much less riding it.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
29,551
2,231
Portland, OR
I don't know what the law says in Oregon, but I was told by a Trooper friend of mine that the keys and you need to be in two different locations. He said to put the keys on the passenger rear tire and sleep either in the back, or in the passenger seat. If you don't have the keys and your not behind the wheel, how can you be DUI?

I have also slept in the bed of the truck, but it wasn't running at the time. It did have a nice carpet kit installed at the time though.
 

Reactor

Turbo Monkey
Apr 5, 2005
3,978
1
Chandler, AZ, USA
macko said:
Lawyer up. Depending on how the law is written in his state, this situation can fall into a bit of a grey zone. In AZ, if you are in posession of the keys to a vehicle and are within a distance of that vehicle (50 ft??) you can be cited for DUI. Now, being "in posession" can (and has been) contested; does that mean actually holding the keys or can the keys be out of reach? Etc. etc. That's where Jacoby & Meyers can help out.

If his recollection of events holds up he needs the Wolf or the Eagle.
 

Spunger

Git yer dumb questions here
Feb 19, 2003
2,258
0
805
I use to do this in high school LOL, yeah I know you shouldn't be drinking anyways. But I'd take the keys and throw them in the back, park someplace wher a COP probably wouldn't find me and sleep it off. If you just stopped along the side of the interstate and got caught well I'd say you were drunk and stupid. But if you're in a neighborhood and you're quiet and what not there should be no harm.

Proving that he pissed his pants when he was hit in the throat drunk would be hard to proove. Who's to say that he was so drunk that he just happened to piss his pants? I've been there/done that. I could honestly say that you have no control of that stuff if you are beyond drunk (like ready to die drunk).

I never got caught sleeping in my car. I never had a problem with it either though. I'd just lay the seat down and crack a window and go to bed. No point in risking a DUI for driving off, no matter how far/close away you are from home. The cop should have given him crap and what not but not busted him like stated. But if he drove the car someplace, and then slept in it, well he drove drunk none the less.
 

bikenweed

Turbo Monkey
Oct 21, 2004
2,435
0
Los Osos
In California, I know for a FACT that if your keys are within your vehicle and you are over the limit you can legally get a DUI, sleeping or not. If your keys are in the bed of your truck, you will probably not get a DUI as long as you're cool to the cops. If you know this before you get in trouble, it can save you from going to jail. A case could be made that the bed is "within" the vehicle, probably because I don't know exactly how the law is worded, but then again, it is outside the cab. Interpretation of sorts.

Sketchy Squaw Valley sluts almost got us arrested, but that sheer fact of DUI knowledge let the cops know we are law abiding citizens who do not wish to harm anyone. Know the law, remain cool, do not say you are drunk unless it is obvious, then just admit it, and be nice. That usually prevents beatdowns, but I am knocking on wood as I write this.