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Author Topic: Sleeping in the Car Drunk  (Read 2497 times)

offer

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Re: Sleeping in the Car Drunk
« Reply #20 on: September 03, 2008, 10:43:35 PM »

Actually the case is Owens v. State, 93 Md.App. 162 (Md. Ct. Spec. App. 1992). You should pay more attention in class because the defendant was found guilty by the trial court. This ruling was then affirmed by the appellate court.

Oh lord.

It's kind of true.  His statement should have been, "You should actually go to class sometime..."

I think "piggy pop" intentionally gave wrong information to make Zagat (the OP) feel better about his case.  Now look what you've done, LOL.   ;D

Thistle

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Re: Sleeping in the Car Drunk
« Reply #21 on: September 03, 2008, 11:00:41 PM »
Did you read the case in Crim where the guy fell asleep in his truck in his own driveway, with a bunch of empty beer cans on the passenger side?

Claimed he was mad at his wife or something and went out there to drink, then passed out.

He got off because they couldn't prove whether he was coming or going.  No way to infer the driveway was the end of his trip rather than the beginning.

People get off all the time.  What's the citation for that case?  Whether the drunk was at the end or the beginning of his "trip," it would seem that the drunk still made or was about to make a "trip."



i suspect that it is Walek v. Commissioner of Public Safety, 361 N.W.2d 482 (Minn.App., 1985).


Actually the case is Owens v. State, 93 Md.App. 162 (Md. Ct. Spec. App. 1992). You should pay more attention in class because the defendant was found guilty by the trial court. This ruling was then affirmed by the appellate court.

Oh lord.


giggle

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JD

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Re: Sleeping in the Car Drunk
« Reply #22 on: September 04, 2008, 09:49:43 PM »

Why did you get in your car anyway?


Obviously blueskies, the keyword here is CAR. I mean, that's what the prosecutors will try to use in their advantage - why the guy was inside his car, why did not his friend put him in his bed if he (the guy arrested) was so drunk he just could not help sleeping, etc.


Especially if zagat was sleeping in the driver's seat of his car.

saysesame

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Re: Sleeping in the Car Drunk
« Reply #23 on: September 04, 2008, 10:23:21 PM »

Why did you get in your car anyway?


Obviously blueskies, the keyword here is CAR. I mean, that's what the prosecutors will try to use in their advantage - why the guy was inside his car, why did not his friend put him in his bed if he (the guy arrested) was so drunk he just could not help sleeping, etc.


How do you sleep in a car? I mean, Jesus Muthafucking Christ, it's IMPOSSIBLE to sleep IN A CAR. This guy was obviously so wasted he probably didn't even notice he fell asleep. 
If you can't hear me, it's because I'm in parentheses.

pig floyd

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Re: Sleeping in the Car Drunk
« Reply #24 on: September 04, 2008, 10:53:13 PM »
How do you sleep in a car? I mean, Jesus Muthafucking Christ, it's IMPOSSIBLE to sleep IN A CAR. This guy was obviously so wasted he probably didn't even notice he fell asleep. 

I'll simply note here that reality does not support your position.
I hate science because I refuse to assume that a discipline based in large part on the continual scrapping and renewal of ideas is unconditionally correct in a given area.

offer

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Re: Sleeping in the Car Drunk
« Reply #25 on: September 05, 2008, 03:33:40 PM »
How do you sleep in a car? I mean, Jesus Muthafucking Christ, it's IMPOSSIBLE to sleep IN A CAR. This guy was obviously so wasted he probably didn't even notice he fell asleep. 

I'll simply note here that reality does not support your position.

Are you sure about that, piggy pop?  Your credibility here is kinda shot, after you confidently albeit incorrectly stated a holding in a drunk-driving case.

Just kidding  ;D

pig floyd

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Re: Sleeping in the Car Drunk
« Reply #26 on: September 05, 2008, 03:35:28 PM »
Are you sure about that, piggy pop?

The more wrong I am, the more sure I am.
I hate science because I refuse to assume that a discipline based in large part on the continual scrapping and renewal of ideas is unconditionally correct in a given area.

le mains sales

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Re: Sleeping in the Car Drunk
« Reply #27 on: September 05, 2008, 09:51:44 PM »

How do you sleep in a car? I mean, Jesus Muthafucking Christ, it's IMPOSSIBLE to sleep IN A CAR. This guy was obviously so wasted he probably didn't even notice he fell asleep. 


I'll simply note here that reality does not support your position.


But of course :)

The car is not some kind of tree branch :) it's a place where you can even have sex with another person, let alone sleep ;)

wheresmyadude

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Re: Keyword: CAR
« Reply #28 on: September 06, 2008, 01:35:33 PM »

Why did you get in your car anyway?


Obviously blueskies, the keyword here is CAR. I mean, that's what the prosecutors will try to use in their advantage - why the guy was inside his car, why did not his friend put him in his bed if he (the guy arrested) was so drunk he just could not help sleeping, etc. I would tend to believe, though, that if the officer (police officer) did not actually caught him driving AND if he will not lie in court, zagat does have a chance to have the charges thrown away.


Here it is a case from Canada:

Music fan innocent in DUI

Bethany Lindsay, North Shore News
Published: Wednesday, June 25, 2008

A man who passed out drunk in his car with his stereo cranked up was recently found not guilty of impaired driving in North Vancouver provincial court. Lino Marquez Vargas was arrested when he was found sleeping in a car parked outside his North Vancouver home, after a neighbor called police to complain about loud music in the very early hours of the morning. He was charged with impaired driving on the grounds that he could have intentionally or accidentally put the car in motion. Vargas told the court that he had no intention of going for a drive; he had been drinking at home when he decided to listen to some CDs in his car.

"He came out to listen to it because his landlord ... would not appreciate him listening to loud CD music in his rented accommodation," wrote Judge Ross Tweedale in his Feb. 28 decision. The complaining neighbor testified in court that he had noticed Vargas listening to music in his car before, evidence that it was a habit, Tweedale wrote. "It may not be a lot of steps ... for this particular vehicle to unintentionally be put in motion, but given the accused's intention of going out to the car ... I conclude that it is an extremely remote risk," Tweedale wrote.

http://www.canada.com/northshorenews/news/story.html?id=dcc7c13b-c801-4ab7-b82e-26715ac598c6
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