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Thread: Dui

  1. #1
    jcso16-11's Avatar
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    Dui

    Who can tell me what the real definition for "actual physical control of a motor vehicle" means? Keys in the ignition? in the vehicle? your pocket?

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    Humm, I think I smell something a brewing!!!
    Just because your sign off after you're shift is done, doesn't mean that it's over and put blinders on. You're a cop 24/7 wether you like it or not. If thats something you can't handle, you should find a new line of work!

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    What state are you from and where does this question stem from?
    Don't ask if you don't want a honest answer!!!

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    Quote Originally Posted by jcso16-11 View Post
    Who can tell me what the real definition for "actual physical control of a motor vehicle" means? Keys in the ignition? in the vehicle? your pocket?
    It's a common sense question. "Physical control of a motor vehicle" means just that. If you can't figure it out, then don't drive.
    "If everyone is thinking alike, then someone isn't thinking." -Gen. George S. Patton

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    jcso16-11's Avatar
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    JohnnyReb,

    I am from Wyoming, and my partner chose not to arrest. The lady was sitting in her vehicle at a scenic lookout with the keys in her pocket. Obviously intoxicated, but only 3 minutes from her house. The vehicle wasn't running, and don't know when last consumption was. Got chewed by the LT. because we used discretion and had the pastor take her home. He wanted us to read the statute again about actual physical control, but it is very vague.

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    So whats the problem, i don't see anything wrong with that. I guess some people never heard of community policing. Not everone we run into has to be hauled off to the slammer.
    Just because your sign off after you're shift is done, doesn't mean that it's over and put blinders on. You're a cop 24/7 wether you like it or not. If thats something you can't handle, you should find a new line of work!

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    JohnnyReb's Avatar
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    Quote Originally Posted by jcso16-11 View Post
    JohnnyReb,

    I am from Wyoming, and my partner chose not to arrest. The lady was sitting in her vehicle at a scenic lookout with the keys in her pocket. Obviously intoxicated, but only 3 minutes from her house. The vehicle wasn't running, and don't know when last consumption was. Got chewed by the LT. because we used discretion and had the pastor take her home. He wanted us to read the statute again about actual physical control, but it is very vague.
    Yes it seems very vague. But if you used your discretion and it turned out with a drunk off the road, you should not have recieved an ass chewing by anyone im my personal opinion.

    The ultimate goal is getting a drunk off the road which you acheived.
    But not everyone has that "old school" way of thinking.
    Don't ask if you don't want a honest answer!!!

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    jcso16-11's Avatar
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    I agree, I feel that sometimes people learn when you give them a "break" instead of busting their chops. Not everyone has that opinion though. At least I am able to sleep at night.

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    Quote Originally Posted by jcso16-11 View Post
    At least I am able to sleep at night.
    And that , my friend is what matters.

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    i agree you could, have made an arrest but dosent mean you had to.
    Don't sweat the petty things, and don't pet the sweaty things!

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    Quote Originally Posted by jcso16-11 View Post
    I agree, I feel that sometimes people learn when you give them a "break" instead of busting their chops. Not everyone has that opinion though. At least I am able to sleep at night.
    +2
    You have a tool called "Officer Discretion", if your Lt. is busting your ass for this, remind him that you have this option.
    You eliminated another drunk, and she used her head by not driving, instead decided to sleep it off in her vehicle.
    yeah the indications are there for "physical Control, but only if you are being a real dickhead.
    I think you did good.

    My ol man always told me that if you be a dick to everyone, one day you will need someones help rather it be a bar fight,ect.., and that same person that you were a dick to, is going to be the one standing there watching, or jumping in to help you out until other LEO arrive to back you up.
    I strongly believe in this, as it has happened before.
    YEAH, IM THE BERRIES, AND CHERRIES IN YOUR REAR VIEW MIRROR.

    Handle every stressful situation like a dog.
    Eat it, Play with it, or piss on it, and walk away!

    As smart as man is, we haven't been able to invent a machine that can smell drugs or tell us where a person has walked, Dogs are sophisticated investigative tools!

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    That sounds like physical control to me.

    And it sounds like you used your discretion, so you're good to go there too.


    Also, if you're an LEO (as you obviously claim to be) make sure you get verified. Contact a moderator.
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    conalabu is offline Grasshopper
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    Thread moved to Ask-a-cop.

    The Lt. will get over it, your discretion is exactly that. Say
    yes,sir and move on.

    Make sure you get verified.
    And Shepards we shall be,
    for thee, My Lord, for thee,
    Power hath descended forth from Thy hand,
    That our feet may swiftly carry out Thy Command.
    So we shall flow a river forth to Thee
    And teeming with souls will it ever be.
    In Nomine Patris, Et Filli, Et Spiritus Sancti.

  14. #14
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    Here we can't make a case for DWI unless the vehicle is running. If the person is passed out and has the keys in their pocket we don't do a DWI. I have had a few passed out at the wheel with the engine running. Those folks have gone to jail for DWI.
    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Beans" on LEF.

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    I've done similar things myself. As long as there isn't an overt attempt to operate the vehicle, I am willing to let somethings slide.
    "If everyone is thinking alike, then someone isn't thinking." -Gen. George S. Patton

  16. #16
    countybear's Avatar
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    A day without the use of "officer discretion", is a day spent writing parking tickets while the bank gets robbed.

    Priorities.

    "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
    - Alexis de Tocqueville, Democracy in America

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    The opinions expressed by this poster are wholly his own, and should never be construed to even remotely be in representation of his employer, its agencies or assigns. In fact, they probably fail to be in alignment with the opinions of any rational human being.

  17. #17
    phantasm is offline Corporal
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    In NYC we usually need at least "keys in ignition, engine running" or it can be the results of a MVA, or other variables.

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    Kpdpipes is offline Master Officer
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    In NJ we need "Operation" car off with the keys in her pocket doesnt meet that standard here.

  19. #19
    Coloradocop's Avatar
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    The standard we generally use here in CO is keys in the ignition and drunk in the driver's seat.... At least at my department. Honestly can't say I've read any statutory definition of it in a long time, but it is quite rare that I come across a parked drunk (though I get a few slumpers in traffic, but this obviously falls into the category of "physical control" of the vehicle).

  20. #20
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    I dont like probable cause DUIs. It is much easier to state that you saw said driver weaving and such when in court.

    I have arrested for DUI when I saw the driver put the car in park and the engine was running. (The vehicle was running but not moving).

    When in cases like you mentioned, I feel as you do. I wouldnt arrest for DUI as I did not see her driving, while she was in the passenger seat, the engine was not running and the keys were not in the ignition. Now, depending on how she acts and if she has an attitude, I may arrest her for AI (drunk in public). If she is not an ass and has somebody that can come pick her up, then she goes home, with the car being left where it was parked till the next day.

    I say you did the right thing...
    "Sometimes people need a little help. Sometimes people need to be forgiven. And sometimes they need to go to jail."


 

 
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