dui story.

so a friend of mine got a dui.

he ran out of gas in the freeway.

some good samaritan helps him get gas.

when they come back to the car, there were 2 cops next to his car.

the 2 cops asked if the car was his, he said yes.

they do a breathalyzer then book him for dui.

when i first heard this, i thought it was ridiculous. i thought cops cant stop you if you dont have keys in the ignition.

i know my friend was up to no good. but there is reasonable doubt. he can easily say he was going to sleep it off in the car!

anyways he got a lawyer. this should be an easy win right?

I don’t know, but most likely they can prove he was driving and he will be found guilty, like he should.

Also, how the F do you run out of gas on the highway? You can drive for like 50 miles after the meter says empty.

lol they were driving back to the car and he saw blue lights at his car? … and he decided to stop at the car?

I would have left that car there forreal

he is an idiot broker. what can i say.

how can you prove he was driving? there are no cameras. he would have to admit it. he can literally plead the fifth the whole time.

“Officer, I was stone-cold sober when I ran out of gas. However, after this nice chap helped me out, I decided to drink one (or two, or three) to celebrate the fact that my faith in humanity has been restored! So if you’ll just move over and let me nap in the back seat of my car, we can put this all behind us.”

Its not a good start if they charged him for a DUI.

I was in a similar situation a few years ago. I blew a tire and was about to change it, when blue ligths showed up.

Keys were not in ignition, I was not in the car. I was charged with Public Intox, and later had that dropped. Cop kind of gave me a break I think. He needs to put down some cash on a good lawyer. Technically speaking, he could have ‘theoretically’ driven sober, left the car, had drinks, got a buzz on, and come back to the car, which would be retarded, but establishing doubt is something a lawyer could possibly push in this case.

its all based on the expectation of a reasonable person no? I dont know if any reasonable person would assume he drove his car there and parked it, then got smashed. I also think the keys in the ignition thing isnt true

Greenie gets it.

Criminal law isn’t based upon the expectations of a reasonable person. Criminal law is based on reasonable doubt.

https://www.losangelesduiattorney.com/dui/dui-in-a-parked-car/

rofl. i’ll send him this link.

He needs Saul Goodman.

[video:https://www.youtube.com/watch?v=bHv0TBN-F-Q]

Write the number down. You may need it later Nerdy.

your dumba$s friend must have been fairly bombed if he (1) ran out of gas on the freeway, (2) went all the way to a gas station and back and still was dumb/drunk enough to agree to a breathalizer test rather than (3) go to the station for a blood test and have extra time to sober up. He needs to shell out a lot of money on a lawyer and still lose the case and get booked, as a lesson to not be a cheapa$s and use uber next time and don’t drink and drive.

Yeah I Uber like a mofo. Errrywhere. Uber is great.

Beyond a reasonable doubt is the legal standard you need to convict, but the reasonable person is used to establish duty and such in criminal law

https://en.wikipedia.org/wiki/Reasonable_person

A reasonable person is a hypothetical.

I don’t meet very many reasonable people these days. Do they really still exist?

Should have just left the car, and gone back for it the next day or picked it up from the impound lot if it got towed.

Gosh people are morons.

He should have refused a breathalyzer and went to the hospital to get his blood drawn. By the time he got his blood drawn and tested, his BAC would have probably been down to an acceptable level.

It varies by state but generally if you have the car keys on you within X feet of the car you can be charged with a DUI. Hillbillies that pass out in the back of their truck get them all the time. It’s a bad law IMO. It discourages a drunk person from pulling over and sleeping it off. Might as well go for it and try to make it home.

This also happened to Willie Nelson. He pulled over and decided to sleep it off and woke up to a cop tapping on his window. He got a DUI and stopped drinking and switched to pot.