Driver charged with physical control under influence

on my post the driver. It's a cheap way to get out of a DUI. That law is the remedy for that.

 

Is it arrest able or a ticket ?

 

First any ticket for speeding or turn signal is a courtesy summons here. So any traffic ticket besides a seatbelt ticket can be an arrest.

That charge is def. an arrest here since we still do a breathalyzer test. And yes a breathalyzer is used outside of a DUI.

My biggest drug bust can off a refer box truck. He failed to signal and after several cues I placed him under arrest for no turn signal and towed the truck. Long story short the gas tank was split to conceal cocaine.

 

That's a load of crap. As to your first point, that goes firmly back into the category of "what could happen". The fact is that that may or may not be true, and any cop who would ruin someone's life over what could have happened with no evidence that it would have happened doesn't have the judgement to be a cop, or a truck driver, or anything else where he has the slightest amount of responsibility.

As to your second point, there are plenty of better ways to deal with that. If it's a tiny bottle, you can administer a BAC test, and when it shows them over the limit by more than the bottle would have caused, then you have your case. If it's a larger bottle, then you could at least get them for public intoxication. You could also get them for interfering with a police investigation, since they were obviously doing it to prevent you from properly investigating a DUI. Assuming they didn't have anyone there to drive the car who was sober, you could, depending on state laws, charge them with abandoning a car or parking a car on a roadway.

There are a plethora of laws that a cop with the slightest big of good imagination can use to get around your scenario. The fact is that it's bad law, and supporting that sort of law is just inexcusable.

 

Cry me a river. The law is the law.

 

No crap, Sherlock, I know it's a law. That's why I'm talking about it being a bad law. I know you aren't dumb enough to support the idea that something is right just because it's law.

The fact is that it's a bad law, and any cop enforcing it in the manner that has been discussed here (in the parking lot, at the bar) is a bad cop who wouldn't be permitted any form of authority of responsibility in a just society.

 

I'm guessing you are a poor victim of society

 

It's an officer's job to enforce the law. They aren't lawyers, if you think laws are unfair/unjust don't take it out on the officer and resist or tell him how stupid the law is. Simply get arrested peacefully and have your day in court.

A lot less people would be shot by cops if they understood this simple concept.

I agree that this is a stupid law and I'm even guilty of sleeping in my car plenty of times but it's not really up to the officer. It's their duty to enforce the laws.

Now the cop that arrested the man in Texas when his car didn't have a motor, that morons should be a mall cop. That's a bit far.

 

Okay, I just want to ask this silly question since a lot of replies have talk in them about drinking in the truck (CMV). It IS illegal to have a couple of beers in your truck like during your ten hour break or 34 hour restart? If the truck ain't moving, how is that illegal? I agree that the "intent to" operate is a lame excuse to give someone a DUI. I know people that have a beer or two at the end of their day before they hit the sleeper.. they just ditch the cans in the garbage in the morning before they leave.. Hell, I've thought about buying a tall boy of Coors at a truck stop while I'm in there just to have before I go to sleep.. I had NO idea I could get arrested for that?

 

Well, you would be wrong there. I like how you jump from not liking abuses of government power to thinking that I'm just a poor victim of society. Wonder how you feel about folks in other countries who fight against things like genocide. I guess so long as it's the law, it's all good, right?

We aren't talking about resisting arrest, we are talking about whether or not the law is good and just.

BTW, it is the job of all humans to do the right thing. We routinely hear about how we need all these laws so that the police can use them in these unusual situations, we can't then turn around and justify the police who use these laws unilaterally against people who aren't doing anything "wrong", just "illegal". When you ruin the life of someone who isn't hurting anyone, who is actually making a good choice and doing the right thing, in the name of enforcing the law, you are a bad cop and a bad person.

Technically you can't have alcohol, even unopened, in your possession while driving or on duty.

https://www.fmcsa.dot.gov/regulations/title49/section/392.5

Read the law for yourself. Conventional wisdom says keep all booze out of the truck off duty to err on the side of caution.