Quote:
Originally Posted by pylon
And it is the easiest to avoid commit crime in existence. You simply call a cab, or walk. You have to be a special form of stupid to even put yourself in the position to get caught.
The only thing I do have an issue with, is if you sleep it off in your car, you can still get convicted if you are in possession of the keys, that's BS in my opinion. I was super wasted at The Back Alley when I was young once, it was pouring rain, and all I had was my license with me, I'd burned through all my cash, and couldn't get a cab. So I just decided to sleep it off in my passenger seat. Cop knocks on the window at 4:00 in the morning, hauls me out of my car, and tells me he's cutting me a break, and he could charge me with DUI right there. I ended up having to walk completed plastered back to Oakridge where I was living without a coat in freezing rain. It took me close to 2 hours.
They should have a rule where if you lay your keys on the dash it's a signal you are sleeping it off or something.
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It's very hard to get a conviction on care and control charges these days. If the keys aren't In the ignition and the accused states he had an alternative plan to get home, he won't be convicted. Hell, it's hard enough to get a conviction with the keys in the actual ignition as long as the accused says he was waiting for a cab, a friend to pick him up or he was just sleeping.
There's a case from the Supreme Court called Boudrealt that came out a while ago that makes it pretty near impossible to be convicted of care and control.
That cop could not charge you for sleeping in the passenger seat. Sadly, many of them don't understand impaired law.