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  1. #1
    Join Date
    May 2006
    Posts
    2

    Default DUI while parked

    My friend recieved a DUI while sitting on the side of a public road a few hours after drinking. The cops came by and the officer said his car looked suspicious. There is no chance that anyone saw him driving so no driving took place. They asked my friend if he had been drinking and my friend replied "yes sir I had a couple of beers a few hours ago." My friend is 20 fyi. They then had him do some of those physical test and he passed them all except walking backwards. My friend said he was to fat and that was a problem haha. He was then tolded, not asked, to take a breathalizer and he passed. He was then not read his rights and was put in the police car told to STF***up and
    taken to the station. He passed one more breathalizer passed but failed a blood test after that with a .08 level. He was not asked to take a chemical or urine test. (Not sure if i have that last part right) He was not allowed a phone call and had to sit in detox for 14 hours. His car was inpounded and his license taken away. Is there anyway that he could get his charges reduced because he was not driving, his keys were under his seat not in the ignition. He was sitting on the roadside because his car would not start. He never admitted to driving. Thanks
    This is in california

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,413

    Default Re: DUI while parked

    Quote Quoting awdDsmer
    My friend recieved a DUI while sitting on the side of a public road a few hours after drinking. The cops came by and the officer said his car looked suspicious. There is no chance that anyone saw him driving so no driving took place.
    There are exceptions to observed movement of the vehicle under CA law.

    Were the keys in the ignition? Was the engine running? Was the gear engaged in a position other than 'Park'? Answering 'yes' to any of these questions COULD result in a DUI if the driver/person in control was impaired.

    They asked my friend if he had been drinking and my friend replied "yes sir I had a couple of beers a few hours ago." My friend is 20 fyi.
    Uh oh ... CA has a zer tolerance law - anything over .01 would be at least an adminstrative violation with the DMV.

    They then had him do some of those physical test and he passed them all except walking backwards.
    Walking backwards?? That's odd ... it's not one of the Standardized FSTs taught in our academy.

    Keep in mind that most the people that fail an FST think they passed. Most people think we are looking for them to fall down or step off the imaginary line ... we're not looking just for stumbling - there are two or more cues we are looking for in each of the standardized FSTs, and most are NOT so obvious.

    He was then tolded, not asked, to take a breathalizer and he passed.
    What do you mean that he "passed"? There is no "pass" or "fail" on a PAS test. And being underage he had to take a test pursuant to CA's zero tolerance laws for underage drinkers and drivers.

    He passed one more breathalizer passed but failed a blood test after that with a .08 level.
    FYI, one does not "pass" a breath test if it is under .08. A person can be DUI with a BAC significantly below .08. Below .05 is tough, but the lowest BAC I have had on one of my arrests and convictions was, as I recall, .044.

    He was not asked to take a chemical or urine test. (Not sure if i have that last part right)
    He had a choice between breath and blood. Apparently they also went for blood.

    His car was inpounded and his license taken away. Is there anyway that he could get his charges reduced because he was not driving, his keys were under his seat not in the ignition. He was sitting on the roadside because his car would not start. He never admitted to driving.
    At a .08 BAC he lied when he said, "I had a couple of beers a few hours ago." Two beers would have been out of his system - or nearly so - by then. Also, "two" drinks is the single most common response given to police and EMS when a subject is asked how much they have had to drink - I'd put it at the answer we received about 95% of the time.

    He needs to hire an attorney that sepcializes in DUI defense.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    May 2006
    Posts
    7

    Default Re: DUI while parked

    It is normally free to call a lawyer. Ask for a free consultation and then tell him the story. There are numerous ways for the cops to mess up and have the case dissmissed. Spend the money.

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