Man can be charged with DUI for drunken driving in own driveway

[Teh One Who Knocks]

By Mara MacDonald, Reporter - Click On Detroit


http://i.imgur.com/n11Hxkk.jpg

NORTHVILLE, Mich. - The Michigan Supreme Court ruled Tuesday that sitting in a car in your own driveway while drunk constitutes drunken driving.

A Northville man questioned whether he could be ticketed for a DUI in his own driveway after he was found behind the wheel and going in and out of his garage, but not off his property.

The driveway DUI case had been ping ponging between courts and finally ended up in front of the Michigan Supreme Court for a final decision. At issue was a Northville man busted for being drunk and driving in and out of his garage on his own property.

Police were called to the man's home on noise complaints and watched him. They later found his blood-alcohol level to be three times the legal limit.

The court ruled that, yes, the man can be given a DUI in his own driveway.

What the justices had to answer was whether the driveway was generally accessible to other motor vehicles. They overruled a lower court's opinion and said yes.

[Goofy]

Can be done for drink driving over here just by sitting in a car with the keys on your person, car doesn't even have to be running.

[RBP]

Can be done for drink driving over here just by sitting in a car with the keys on your person, car doesn't even have to be running.

Which is ridiculous. So you leave the pub, get to your car, realize it's not safe, and decide to sleep it off. That sounds like a wise decision.

[RBP]

The driveway ruling is idiocy.

[PorkChopSandwiches]

yes it is

[deebakes]

fucking trump :x

[Hugh_Janus]

Which is ridiculous. So you leave the pub, get to your car, realize it's not safe, and decide to sleep it off. That sounds like a wise decision.

while that's true, why ae you getting drunk in a pub if you've not got another way to get home or got anywhere close to stay?

#beresponsible

[Teh One Who Knocks]

while that's true, why ae you getting drunk in a pub if you've not got another way to get home or got anywhere close to stay?

#beresponsibleMaybe you only planned on having one drink, but before you leave, a bunch of your mates show up and you just start to shoot the shit and have a bunch of pints?

[Godfather]

I remember in high school they had a cop come and talk to us about drinking and driving. He basically warned us that even if you just want to get a bag from your car or sleep it off, you need to be careful because they can charge you for heading towards the door with your keys out :lol:

I mean I kind of get it, someone who is about to drive drunk is always going to claim they weren't, and stopping someone before they even start the car is in the public's best interest and in the interest of police safety... it's just frustrating when common sense isn't a factor.

[Pony]

I remember in high school they had a cop come and talk to us about drinking and driving. He basically warned us that even if you just want to get a bag from your car or sleep it off, you need to be careful because they can charge you for heading towards the door with your keys out :lol:

I mean I kind of get it, someone who is about to drive drunk is always going to claim they weren't, and stopping someone before they even start the car is in the public's best interest and in the interest of police safety... it's just frustrating when common sense isn't a factor.

That's ridiculous. I miss the days when you actually had to commit a crime before being charged with it.

[Godfather]

I mean, this is a bit of hyperboles, but if you pointed a weapon (without due cause) at someone or cocked your arm back to punch, you'd be charged if the cops caught you in time.

If the cops are sitting there watching, at what point should you be stopped? When you have the keys in the door? Turn the ignition over? Or boot it off the mark and potentially kill someone walking their dog? You have to admit there's a grey area.

[Muddy]

What a stupid fucking ruling.. The pre-cogs strike again.

[Pony]

I mean, this is a bit of hyperboles, but if you pointed a weapon (without due cause) at someone or cocked your arm back to punch, you'd be charged if the cops caught you in time.

If the cops are sitting there watching, at what point should you be stopped? When you have the keys in the door? Turn the ignition over? Or boot it off the mark and potentially kill someone walking their dog? You have to admit there's a grey area.


Absolutely there is a grey area but a fair comparison in this case would be if you see someone with a holstered gun walking toward you he is not necessarily going to rob or shoot you, once he pulls the weapon out and points it at you it's intent. Granted by then it's too late but if you jailed everyone for anything they MIGHT do there wouldn't be anyone left on the streets.

Walking to you car with keys in hand is not intent. They should at the minimum wait until the person gets in the drivers seat and starts the car. And that ONLY if they were obviously intoxicated walking to it and not just happen to be leaving a bar. If they walk to the car fine they should wait until the person is driving and makes an infraction.
I understand it's a risk but it's also the way many other driving laws work here. Police cannot pull you over without reason, you have to have committed an infraction of some sort. (weaving, indicator out,etc.)

[Griffin]

So if you just want to run the heater to keep from freezing to death enter on the passenger side and stay there, got it.

[KevinD]

That's why we always had a DD. (Designated Decoy) lol

[Pony]

So if you just want to run the heater to keep from freezing to death enter on the passenger side and stay there, got it.

Pretty much. Some places say if the keys are in the ignition=intent, etc
I say it should be he cops discretion, If someone is sleeping in the passenger or rear seat with the engine running and is not a safety risk let them be. keep an eye out in case they wake up and try to drive but otherwise I consider that being responsible and believe cops and judges should also.

[Hugh_Janus]

Maybe you only planned on having one drink, but before you leave, a bunch of your mates show up and you just start to shoot the shit and have a bunch of pints?

don't be so weak willed.... you know your situation before you start