Drunk driver
Jan 14, 2019 19:34:22 #
goofybruce wrote:
...but WHO was driving drunk? Can't prove any of the rest of them are drunk!
That’s making the assumption none of the others got caught. If they did, then you could add a conspiracy charge to the both of them.
I don’t know about where you live, but around here they tend to stack several deep at the problem “watering holes” come closing time...
Jan 14, 2019 20:45:40 #
hassighedgehog wrote:
How about aiding and abetting the commission of the crime of driving drunk?
Probably. Creating a public nuisance is another likely hit.
Jan 14, 2019 20:47:12 #
jonfrei wrote:
That’s making the assumption none of the others got caught. If they did, then you could add a conspiracy charge to the both of them.
I don’t know about where you live, but around here they tend to stack several deep at the problem “watering holes” come closing time...
I don’t know about where you live, but around here they tend to stack several deep at the problem “watering holes” come closing time...
Standard practice. In Charlotte, they put four to six cruisers at a check point.
Jan 15, 2019 07:24:46 #
Jan 15, 2019 18:01:50 #
hassighedgehog wrote:
How about aiding and abetting the commission of the crime of driving drunk?
There is no such law!
Jan 15, 2019 18:18:02 #
jonfrei wrote:
The charge would be DUID until such time as the test came back negative. (Though at that point, he as already retained a lawyer and would still have to come to court to answer the charge.) At that point the prosecutor worth his salt would add obstruction, creating a public menace, misuse/abuse of emergency services, and whatever other charge might be applicable in his jurisdiction.
Like I said — it would be a VERY expensive prank.
Like I said — it would be a VERY expensive prank.
Wouldn't that be considered abuse of power? Wouldn't that be considered false arrest? The cop knows he is not drunk but to intimidate him and arrest him for something he knows is false? Wouldn't the cop have to perjure himself to say he believed he was drunk when it comes up in front of the judge? If he doesn't it is a case of false arrest.
There have been cops that have perjured themselves on the stand but not caught right away. But when found out, those case they testified have to be reviewed and would most likely be tossed out, also subjecting the cop to civil laws suits as well as the organization he represents. Wouldn't that be a very expensive prank!
Jan 15, 2019 18:32:35 #
burkphoto wrote:
Probably. Creating a public nuisance is another likely hit.
The bar would have to press charges on private property. The bar would have most likely known that he was going to do that because everyone else would know what he was doing to draw the attention away from them. Do you think the bar would have business afterwards if they did press charges?
Police can not go on private property and make those claims without the consent of the owner. Remember 'public' that's public property, public nuisance'. If you want to make yourself a nuisance on your or authorized property, your have the right to do it without police interference.
Jan 15, 2019 19:31:06 #
Ka2azman wrote:
Wouldn't that be considered abuse of power? Wouldn't that be considered false arrest? The cop knows he is not drunk but to intimidate him and arrest him for something he knows is false? Wouldn't the cop have to perjure himself to say he believed he was drunk when it comes up in front of the judge? If he doesn't it is a case of false arrest.
The behavior outlined in the “story” would establish probable cause in any court of law. DUID is Driving Under the Influence of Drugs — something that would be confirmed or denied by the blood test. No false arrest here at all. You should study some case law before you make such equivocal statements.
Jan 15, 2019 19:38:40 #
Ka2azman wrote:
The bar would have to press charges on private pro... (show quote)
Again, you speak from a position of ignorance. You are wrong on both counts here. I would suggest you take care to learn some law before you put yourself into a situation that might cost you great sums of money or your freedom.
Jan 15, 2019 19:39:13 #
Jan 16, 2019 02:03:11 #
jonfrei wrote:
The behavior outlined in the “story” would establish probable cause in any court of law. DUID is Driving Under the Influence of Drugs — something that would be confirmed or denied by the blood test. No false arrest here at all. You should study some case law before you make such equivocal statements.
You can argue a fictitious case all you want. It was a joke, then someone added well 'what if the cop'. it is stupid to try and make a federal case out of a joke! Oh different states have different laws pertaining to such matters. What state are you referring to? You got 50 to choose from.
Jan 16, 2019 02:09:59 #
jonfrei wrote:
And just where do you live?
You stumbled onto a wonderful fact. But there are two things.
50 states have different laws so it depends upon what state you are in. Such laws are State laws not federal. This was a joke so your are setting your heels on something that was a joke and someone said 'what if a cop' ...
Two: Glad you are not my attorney - I see you can't read! or is it comprehension! I'm inclined not to take advice from because of how blind you are! In these words is the answer you seek!
Jan 16, 2019 03:06:56 #
Ka2azman wrote:
50 states have different laws
All the more reason your blanket retort was so ridiculous to start with. Give it a rest.
Jan 24, 2019 12:06:36 #
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