Dui

[jcso16-11]

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?

[Sapper_132]

Humm, I think I smell something a brewing!!!

[JohnnyReb]

What state are you from and where does this question stem from?

[Rhino]

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.

[jcso16-11]

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.

[Sapper_132]

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.

[JohnnyReb]

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.

[jcso16-11]

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.

[iso607]

At least I am able to sleep at night.

And that , my friend is what matters.

[ida40dj]

i agree you could, have made an arrest but dosent mean you had to.

[k-9max]

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.

[jmur5074]

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.

[conalabu]

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.

[Beans]

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.

[Rhino]

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.

[countybear]

A day without the use of "officer discretion", is a day spent writing parking tickets while the bank gets robbed.

Priorities.

[phantasm]

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

[Kpdpipes]

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

[Coloradocop]

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).

[armygrnt502]

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...