Im in Florida and my professor/attorney said that the back seat will suffice in florida. Just so you know if you feel uncomfortable leaving your keys outside. sitting in the passenger seat helps too.
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Im in Florida and my professor/attorney said that the back seat will suffice in florida. Just so you know if you feel uncomfortable leaving your keys outside. sitting in the passenger seat helps too.
I'm so glad I don't have to worry about that shit anymore...even on probation with alcohol terms..Santa Barbara and Ventura county doesn't even have room for anyone in county or state prison unless youre charged with a serious felony. This is way off topic but they've released thousands from the state pens and transferred almost everyone with less than six years to the county jails to relieve the overcrowding in state prisons that were double or triple capacity. On top of that, the state is so broke, theyre closing county jails and substations all over. Its crazy to talk to people that get out of court and hear "yeah! I got five years!". Because six or less and you'll only serve six months to a year in your local county. This only increases crime obviously, compounding the problem. I'm up near shell beach right now in SB county and they closed the santa maria substation for like six months and they would have to take an officer off the street for almost five hours to transport, book, and get back up here. So they had to only arrest people that were charged with violent felonies. "Oh you have a couple ounces of meth with intent to distribute?" Cite and release. DUI? "Park it and call someone to pick you up. Here's your citation..don't forget to show up to court now!". It was almost unbelievable. I have some friends with drug problems on parole and they just skip their testing and nothing ever happens because theyve cut the budgets back and had to close a lot of the probation/parole offices. Now they have a lottery (idk what else to call it) to see if you have to go in and test. What a trip. The benefits of living amongst so many shady people! California is going to hell in a effin' hand basket.../criminal rant
Southern California - A sunny place for shady people.
'alot' is not a word.
Damn, I didn't know it was that bad down there. I know in Oakland the cops will only respond to 911 calls in which a violent crime is actively being committed. Scary.
*steve taylor gave me $25 off cause he likes colin's page. LOL
In PA, refusal to submit to a breathalyzer results in an automatic license suspension for no less than 368 days and your car gets impounded. Then you get taken to the hospital where they administer a blood test, which you pay for. That's in addition to whatever fines/suspensions/jail you end up with for the DUI. So for anybody reading this, check up on your local laws before simply deciding to refuse based on what was posted here.
There's a good chance you've handled my ass-pennies. That gives me the edge.
in florida, you lose your license for 1 year because of the implication upon signing your license. its in the fine print. however, you can get a hardship license upon approval. they dont take you to a hospital to take a BAC though unless youve been injured in an accident and unable to refuse or comply. because of the signature on the license, it is an assumed compliance.
thats just in florida though. i should have stated that, but forgot to. yes, make your own decisions and dont listen to the cops. they will try to coax you to blow knowing youll fail. thats just my experience and advice
Don't ask an attorney, ask a cop. Sure an attorney should be able to get those charges dropped fairly easily. But if the keys are inside the cab anywhere, including the back seat, the cop can arrest you for a Dui...Originally Posted by hondarider525
When Obama took office, you were only paying $1.95 per gallon of gas...
*looks at Utah's avatar*
what were we talking about?
*steve taylor gave me $25 off cause he likes colin's page. LOL
Is that a john deere?!
In Florida, I was parked illegally and passed out in the driver's seat. Cops just told me to sleep in any other seat of the car without the keys in the ignition and I won't be charged with DUI. Beginner's luck.
http://clearwaterattorneyduilawer.co...riving-vehicle
In Florida “Driving” Means Parking or Sleeping
Although the element of “driving” is pretty intuitive and to most people clearly means that a person must be driving a moving vehicle on the road, under the DUI laws of Florida that is not necessarily the case. In addition to driving your car or other vehicle, Florida DUI law prohibits being “in actual physical control” of a vehicle. In other words, if a person is in or on a vehicle and has the capability to operate the vehicle, they are said to be “driving” for the purpose of the Florida DUI law, even if they are not actually operating the vehicle at the time. So, someone who starts to drive home from a night of drinking and wisely decides they shouldn’t be on the road and then pulls into a parking lot and falls asleep in the car can be charged with a DUI.
The Key is the Key
In my 15 years as a prosecutor in Pinellas and Pasco Counties and 8 years as a defense attorney, I have seen many DUI cases which involved “actual physical control”. These cases ranged from people who passed out behind the wheel at a stop light; who decided to pull of the road into a parking lot to sleep it off rather than drive farther; to people who never even left the parking lot of the bar they had been drinking at and instead decided to sleep in their car. Some passed out or fell asleep with their engines running while in other cases the car engine was not even turned on. Under the Florida DUI statute, all that is required is that the person be in a position to operate the vehicle and have the capability to operate it. In most cases involving cars (people rarely try to sleep it off on a motorcycle!) the accused person is inside the car with the keys in the ignition, or on their person. Under the law in Florida the location and access to the key is an important consideration in deciding whether or not the person had “the capability to operate” the car.
Put the Key Someplace Out of Reach (But Don’t Lock It in the Trunk)
These actual physical control cases are investigated and prosecuted aggressively by the police and prosecutors in the Tampa Bay area, however there are some factors which will make it much less likely that the police and State Attorney’s Office will consider your case to be a prosecutable DUI. First, if the key to the car or vehicle is not in the ignition or easily reachable or in the person’s pocket, it would be much harder for the State Attorney to prove that the person had a capability to operate the car. Therefore, should you ever decide to sleep in a car after you have been drinking alcohol, or taking chemical or controlled substances, you need to place the car keys in a secure place, not readily accessible to you. The glove box would be a good choice; a purse in another part of the car, away from you, would also be a good choice. Of course, like many decisions made after a few alcoholic beverages, it is possible to make judgment errors about this too. Some people have been known to wisely decide to sleep in their cars after a long night of drinking, but then made an impaired judgment call by deciding to avoid a DUI actual physical control charge by locking their car keys in the trunk of the car! Hopefully they woke the next morning in time to call for help opening the trunk before they had to be anywhere important. Still, as decision go, that’s not so bad; after all, a locksmith is still cheaper than a DUI!
It would also be wise to avoid sitting in the front seat, and particularly behind the steering wheel, if you are sleeping one off. Although Florida DUI law merely requires that you be in (or on) the vehicle, it would be tougher for the prosecutor to prove that someone had the capability to operate the car if they were found sleeping in the back seat, particularly with the engine off and the keys in the glove box. In my past experience, the cases of actual physical control (APC) DUI which are prosecuted the most aggressively involve people who where found, usually asleep, in the driver’s seat, with the keys in the ignition and it was clear that they had driven first before pulling over. Even cases which involved staying in the parking lot of a bar have been prosecuted as vigorously as a regular DUI where the engine was running, especially if the facts suggested that the person merely passed out before they could drive off, rather than made a decision to stay put.
When Obama took office, you were only paying $1.95 per gallon of gas...
Youre losing your license congrats youre a loser...not to mention the 5 gs itll cost in fines and lawyer
great post utah. thank you.
Meeting with lawyer today. See how this goes. Will post later.
If You own an superb speed internet connection then it is also achievable toAcess Television on your Pc without any bother and Television quality is also glorious
Locking the keys in the trunk actually sounds like a great idea - are there any cars these days that don't have a trunk latch inside the car?
*steve taylor gave me $25 off cause he likes colin's page. LOL
Yeah, I know CP. As you know...my Dad lives in the East Bay and knows a retired detective from Oaktown. He has some gnarly war stories. Are any of the Cramik crew coming down for the Ventura contest/non-test?
http://www.youtube.com/watch?v=olFx609-g7Q
Southern California - A sunny place for shady people.
'alot' is not a word.
yeah I bet you know CP very well. very well indeed.
Aww Doug...I'm sorry...Unlike you, I do know the people I talk to on here. I don't hide behind a computer screen and try and figure out "which member of TCK I am masquerading as"...I knew Colin years before I even joined this MB. I talk to them in person at contest that I go to all over California. You don't even know what CP stands for. I'm not hard to find. I actually go to almost all the California contests. And have helped organize the Gold Coast Classic in the past. So have fun playing your game on here trying to figure out who I am.
Southern California - A sunny place for shady people.
'alot' is not a word.
I could run down the list of people on here I know in person but that's what you want, because I'm 100% sure you're actually an invented troll. No living person (who isn't rich) can possibly be that much of a douche.
also don't act like you don't know what CP means you sick bastard
whoever invented you is a genius though, had me for awhile
Hahaha...not gonna lie...I don't know what "an invented troll" is but I do love trolling douches like you and sealice. Actually sealice is funny though because he said "trolling is his MO" and he got me bad with the girlfriend thread.
K...I gotta clear something up on a serious note. This actually pissed me off...I just realized after re-reading that and when you called me a "sick bastard" for knowing what CP stands for. I just got your comment right now. Colin used to have a website on cramikskim.com called COLINS PAGE...YOU frackING DOUCHE BAG!! Now it's changed to "The Extrenuous One" http://www.cramikskim.com/extraneous/index.htm you fracking idiot. Where do you think all the Tennis...if you really werent such a fracking trolling little sick fracking you'd know that.! I can't even believe you think I would joke about something like that. You obviously have your mind in the wrong place! And i'm the "sick bastard"? Colin or as I call him CP, would never joke about that either...he has his own daughter. Not even funny..besides maybe a pedo bear. Who the douche now?
Look at my other posts...I try and legit help people out like lucky with his jacked up knee. People like you I just make fun of...
P.s. IK A Douche when he sees one...even on a MB. Have fun playing with your Memes...I'll be in the real world if you need me you fracking noob
Southern California - A sunny place for shady people.
'alot' is not a word.
Is this real life?
Team Wookie
Live every week...like it's shark week.
so how is your carbon fiber conglomerate doing these days?
DAMMIT DOUG I WAS GONNA POST CARBON FIBER frack
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