I received a DUI recently because me and a few friends were camping in the desert and it was already cold but than it started raining. We decided to pack up the two vehicles with people and stay dry out of the rain and keep warm with the heaters in the vehicle. An officer came up and gave myself and my buddy in the other vehicle a dui. I tried to fight this trying to say we weren't driving but apparently in California it is still illegal. So I took the dui charged and just went to court for it. I received a variance of different punishment but one of them is summary probation. What is summary probation and what are the terms of it?

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Originally Posted by marshallkdx

I tried to fight this trying to say we werent driving but apparantly in california it is still illegal. what is summary probation and what are the terms of it?

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Hello marshall:

Ask your PO.

I'm more interested in WHY you got convicted for driving when you weren't driving...

I don't care WHAT the cops tell you, drinking around a camp fire is LEGAL. Sitting in your warm car is LEGAL.

I don't know HOW you tried to fight it, but you didn't do a very good job.

Now you want to ask about your punishment?? Where were you when you really needed me??

excon

I think he got the ticket because he was in the driver's seat with the engine running. Some cops just go by the book and write tickets as they seem them. Had he had the engine OFF, and sitting in the driver's seat, well, that's a totally different story. Had he not been sitting in the driver's seat chances would be pretty good he would not have been ticketed.

I've heard where the drunken person passed out, the engine still running, sitting in the driver's seat still got the DUI ticket as technically they were "driving" the car. Go figure.

Morale of the story is don't drink and sit in the driver's seat with the engine running. Sit in a different seat in the vehicle if you must drink.

Some states go by the premise that you were in a "position" to be in control of the vehicle - i.e. sitting in the drivers seat with the car running - Seems like the cop was kind of a jerk - If you were in the dessert where were you going to drive to ? Over to the nearest cactus. Was your vehicle on a public road - if so you are subject to the rules of the road - The cop could have given you a brealk in my opinion

Yes, in some states "being in control" of a "running" vechile is how they difine operating. They don't have to actually see you move or drive. Same way they stop a drung coming from the bar as they start up the car.

They can not do this in all states but in many this is allowed.

But then what were the cops doing off in the desert at a camping site

Hello again,

I agree with twinkie, but I think a cop can tell the difference between camping in the desert and falling asleep on the side of the road with your engine running.


excon

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Originally Posted by excon

Hello again,

I agree with twinkie, but I think a cop can tell the difference between camping in the desert and falling asleep on the side of the road with your engine running.


excon

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Do you really want to start a precident which allows cops to interpret the laws themselves?

In NY you can be ticketed DUI/DWI if you are in a vehicle WITH THE KEYS in the vehicle or on your person and you, in fact, are intoxicated. Front seat, back seat, driver's seat, passenger's seat, does not matter.

In the general category of "I have a cousin and he has a friend:" Some years ago I got a phone call in the middle of the night from the daughter of a guy I was dating. She couldn't reach her father. She had been drinking, fell asleep in the back seat of her car in the bar parking lot, got arrested for DWI. Never even started the car but was in a position where she COULD drive the car. When I got her out of the local slammer the Police told me that the car and keys were in her possession. She was found guilty.

Do all Officers arrest people for this? Probably not. Do some - yes. Can they - apparently yes.

Do I think it's fair? No. What if I'm driving and I have an intoxicated friend in the passenger's seat? Could the intoxicated friend possibly overpower me and drive? I guess so. Does that qualify for DWI? Maybe in theory but I think, likewise, it's a stupid "what if." Where is the line drawn?

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Originally Posted by excon

Hello again,

I agree with twinkie, but I think a cop can tell the difference between camping in the desert and falling asleep on the side of the road with your engine running.


excon

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Since they were camping in the desert, I guess the cop wanted to make sure they were on the up and up considering all the drug runners and coyote (people smugglers) that abound in the desert. If anything it was very similar to shooting ducks in a barrel. Drunk is drunk and I think they deserved the ticket. Got to remember they were in California, land of the nutty buddies where they make up their own laws most of the time (at least it seems).