Driver charged with physical control under influence

Discussion in 'Questions From New Drivers' started by WhyDriveTruck, May 14, 2016.

  1. realdesertkickin

    realdesertkickin Heavy Load Member

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    Ya, we'll go ahead and say she earned a physical control under influence, at some point...next case please!!!..this case stinks like girl puke!! yuck...worst puke ever is girl puke...
    (wapner slams hammer)
     
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  3. Rocknroller4

    Rocknroller4 Road Train Member

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    delete
     
    Last edited: May 16, 2016
  4. Florida Playboy

    Florida Playboy Road Train Member

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    The point was if you own a vehicle you're always "in control." A DUI while sleeping in a vehicle makes as much sense as a DUI in your house because you had the car keys handy. You can not charge somebody with a crime for a "what if."
     
  5. ChaoSS

    ChaoSS Road Train Member

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    Exactly.

    There should be no reason why I can't drink a beer in my car while my wife is driving. There should be no reason why I can't take a half full bottle of jack to a friend's house. There should be no reason why I can't purchase a bottle of wine while I'm on the road and bring it home to enjoy with my wife (while I'm driving the big truck). There should be no reason why I can't buy a bottle of my dispatcher's favorite beverage and stow it in my sleeper so I can give it to him when I'm at the yard.

    Yet all of these things are illegal, and they do nothing to stop the guys who stop every night, go into the bar and get plastered, and then get moving again when their ten is up, hung over and tired.

    I can see the validity in getting someone who got drunk, drove part way home, then decided they were too drunk to drive and got busted sleeping on the side of the road. Obviously, they had been driving. But to get someone who is drinking and decided to sleep it off in the parking lot at the bar, where they obviously chose to make the right decision, the cops, the prosecutors, the judges who convict, and the legislators who enacted these laws, they should all be banned from any positions of power. That kind of stupidity should have serious consequences.
     
    ethos Thanks this.
  6. born&raisedintheusa

    born&raisedintheusa Road Train Member

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    If a truck driver is going to have any alcoholic beverages, it would probably be best to do so on a 34 hour reset time, and sleep it off in a motel room, any place away from the truck.

    Also, it may be wise to quit the drinking at least 24 hours before the 34 hour reset time is up, to get sleep and the alcohol out of one's system.

    God bless every American and their families! God bless the U.S.A.!
     
    Last edited: May 16, 2016
  7. born&raisedintheusa

    born&raisedintheusa Road Train Member

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    There are trucking companies that absolutely forbid their truck drivers from entering any establishments that serve alcohol, even if the truck driver does not drink and only wants to order a meal.

    God bless every American and their families! God bless the U.S.A.!
     
  8. Ubu

    Ubu Road Train Member

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    Take it to the political forum for that nonsense. Those laws have nothing to do with Obama (and I am far from being one of his supporters).

    There was a case in Michigan over 20 years ago where a guy was too drunk to drive home from a bar so he hide his keys under a rock in a field next to the parking lot and slept in his car. The cops got him to admit he knew where his keys were (or thought he knew) and even though it had snowed overnight and he could not find them they charged him with attempting to drink and drive.

    If you want to blame anyone it would have to be the MADD origination for pushing for overly zealous laws and prosecutions.
     
    Florida Playboy Thanks this.
  9. tommymonza

    tommymonza Road Train Member

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    The thing is the silly laws do nothing to stop 90 percent of the dangerous drunks.

    Had a neighbor from Kentucky , he would come home from a day of fishing just absolutely falling down pour him out of the truck drunk.

    Blown away he can even see , because he is too drunk to talk.

    Had 6 duis over his lifetime
     
  10. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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    It is a good law for a lot of reasons. Ill just give two good ones

    1) someone drunk driving pulls over to do whatever and passes out, well when they come to they will most likely still be over the legal limit and shouldn't be driving

    2) People have now started carrying a mini bottle with them. When drunk driving and stopped they make sure the officer will see them killing it. No DUI case now but the mentioned charged here is a good one.
     
  11. tommymonza

    tommymonza Road Train Member

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    I can agree with your 1st point whole heartedly .

    But someone sleeping with the car turned off in a parking lot is a little too much, now if the engine is running there is some intent there .

    So someone slugs down a mini bottle or a beer that is an open container.

    How does charge go? Everyone in the car is charged or the person who admits to it? If it was a passenger drinking does the driver get charged for allowing it to happen?
    Is it a ticket or arrest?

    I am talking all non CMV
     
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