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Kind of a stupid charge. He was literally sitting in his car asleep, while also being at the limit of legality of driving the vehicle (not past the limit). Don't see a problem. Driving it may be different, but he wasn't.

Edit: He wasn't even near the limit. I see literally no problem. Limit .08, he was .008

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I've always hated the law that you can be charged with a DUI if you sleeping in a car with the keys - the rationale being that you could theoretically drive the car, so you need to be removed from the road.  I could have a sober person driving a hammered me and stop at a convenience store and I could theoretically drive the car somewhere else while he's inside, so of course, I should get charged for a DUI while my friend's in the convenience store.  Makes absolutely no sense.

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I've always hated the law that you can be charged with a DUI if you sleeping in a car with the keys - the rationale being that you could theoretically drive the car, so you need to be removed from the road.  I could have a sober person driving a hammered me and stop at a convenience store and I could theoretically drive the car somewhere else while he's inside, so of course, I should get charged for a DUI while my friend's in the convenience store.  Makes absolutely no sense.

 

It's all good if you're in the passenger seat. Minor technicality which completely changes the way the law applies.

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It's all good if you're in the passenger seat. Minor technicality which completely changes the way the law applies.

Actually, in many states, it doesn't matter if you're in the backseat or the front seat.  In Florida, you could be sleeping in the back seat with the car off and you could still be cited for a DUI.  In one case I was working on, the guy had the keys in a suitcase in the trunk with the car off.  Never did find out the resolution of the case, but it got past the pleading stages (not that that actually means much).

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Actually, in many states, it doesn't matter if you're in the backseat or the front seat.  In Florida, you could be sleeping in the back seat with the car off and you could still be cited for a DUI.  In one case I was working on, the guy had the keys in a suitcase in the trunk with the car off.  Never did find out the resolution of the case, but it got past the pleading stages (not that that actually means much).

 

I didn't know that. I believe in California, you have to be in the driver's seat. Anything else seems pretty unreasonable.

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I didn't know that. I believe in California, you have to be in the driver's seat. Anything else seems pretty unreasonable.

Years ago, a guy I worked with in California was sleeping off a considerable number of adult beverages in the back seat of his car (which was still parked in the restaurant parking lot).  He was awakened in the wee hours of the morning by a tapping on his window and a voice saying "Police officer. Show me your ID".  Still a bit under the influence, he handed over his wallet (which also contained his passport, credit cards, money and plane ticket for a flight to Belgium the next day) to the officer.  Several minutes passed, and when he looked around for the "officer" there was not another soul in sight.  He quit drinking the next day.

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Years ago, a guy I worked with in California was sleeping off a considerable number of adult beverages in the back seat of his car (which was still parked in the restaurant parking lot). He was awakened in the wee hours of the morning by a tapping on his window and a voice saying "Police officer. Show me your ID". Still a bit under the influence, he handed over his wallet (which also contained his passport, credit cards, money and plane ticket for a flight to Belgium the next day) to the officer. Several minutes passed, and when he looked around for the "officer" there was not another soul in sight. He quit drinking the next day.

Wow. That hurts.

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