Driver charged with physical control under influence

I worked in law for 12 years and I've never seen LEO try a case. I'm not saying you weren't trained to testify but I'm sure the ADA was there to prosecute and you were in court as a witness for the prosecution. Right?

 

Things are different in every state. Come to a California traffic court and you won't see anything resembling a lawyer unless the defendant brings one.

Back in Colorado where I used to live the ADAs were there in court. In fact before you ever saw a court room they met with you to offer you a plea deal, at least if your record was decent.

 

Why do the cops give DUI's to people in these circumstances? Where is common sense and the spirit of the law? Aren't there enough drunks actually driving on the roads they could chase?

I am sure the laws are written the way they are so that the cops can get you if you are drunk and pull over on the side of the road and obviously had to drive drunk to get in that position. However it makes no sense to bother someone who is drunk and is sleeping it off in their car and clearly didn't drive anywhere.

To me that is just being responsible. I mean yes getting drunk at a bar without a ride planned home is not the smartest thing but the person had a choice to make when they got to their car and they realized they had too many and instead of driving decided to stay put and sleep it off. If I were a cop and came up on some drunk asleep in his car in a bar parking lot I would tell him thanks for making the right choice and not driving.

 

Wit tried all of our cases that w did not go to circuit court which was about 95% of my cases. No ADA or anyone else there just me.

 

I got one because I was on a camping trip (had some beers) and got rained out in the middle of the night so i slept in my car. Never been at fault for an accident never had a moving violation and still have 0 points on my license even after this. However they treat it as a DUI. The advice I got from the judge is toos your keys next time

 

Congratulations on resurrecting an old thread!

This happened to me way back when I was 16. In my case, I was drunk and sick. Did not make it home. I was also in my mom's car. A state Trooper woke me. I did not get charged, but this Trooper knew my dad. When my dad got home it was ugly!

 

Always interesting to see what pops up after five plus years… lol

 

Have you been able to work in professional transportation since then? I just pleaded today for a physical control and want to know if its worth going to CDL school or not.