Do you think this is legal?
By bobmnu
@bobmnu (8157)
United States
March 26, 2009 9:03am CST
In a near by state a man was charged with drunk driving for having a Breath test of 1.8. He was parked in his car with the engin off and the keys on the seat beside him. The police saw him and knocked on the window to see if he was alright. When they smelled the alcohol they did a breath test and then arrested him for drunk driviing. His conviction was upheld on appeal. Do you think this is legal. The man showed no signs of driving but was sleeping in his car.
2 people like this
6 responses
@Destiny007 (5805)
• United States
26 Mar 09
In a lot of places, if you are behind the wheel they consider it to be driving drunk, regardless of whether or not the engine is running or the keys are in the ignition.
Is it legal?... Yes it probably is.
It it right? No.... but many of our laws have nothing to do with justice.
1 person likes this
@palonghorn (5479)
• United States
15 Apr 09
Yes it's legal and yes I think it should be legal. Who is to say that once that officer walked away, got in his patrol car and left the scene, that the man wouldn't try to drive somewhere, thinking he was okay. And then kills an innocent person because he was drunk. That officer had no way of knowing for certain that the man would not do that. I would rather the officer charge him then to walk away and someone end up loosing their life because of it.
@bobmnu (8157)
• United States
17 Apr 09
Using your logic if you are sitting in front of a Bank reading a book about a bank robbery, have a pen and paper, and a large duffel bag that is empty, you should be arrested for bank robbery. IF the police officer walks buy and does not arrest you might go and rob the bank.
To me the man was convicted for something he might do not for something he did. What happened to innocent until proven guilty?
@fiazio (734)
• India
26 Mar 09
I don't think he should be charged, if they caught him driving the car, yes then he can be charged, but if he stayed in the car and decided not to drive its a good decision.
He should be awarded, for not drinking and driving
@redyellowblackdog (10629)
• United States
26 Mar 09
In many states the offense of "Drunk Driving" is defined as actually driving while drunk, or preparing to drive while drunk. This allows the police in such states to arrest for drunk driving an intoxicated individual with car keys in hand headed for his car or an instance such as you state. I don't agree this, it just is the law in some places.
@bobmnu (8157)
• United States
27 Mar 09
What if he left the warm bar and got into the cold car and then decided he could not drive. He calls a friend and waits in the car because the bar is now closed. If he tells the police he felt too drunk to drive that could be used against him in court.
Should your son or daughter be arrested for underage driving if they go out to your car in a public parking with your keys to get something out of the car? It is the same thing they are in the car with the keys.
@Youreyes4Today (2356)
• United States
15 Apr 09
I know how this sounds bad for the person in the car. Yet, there are laws in some towns that you can be stopped and arrested for 'drunk walking'. So who knows how far they will take this. If you feel the need to get that drunk then you better find a place that is secure like home and enjoy, other wise control your habits if you do'nt have a designated driver.
