Separate names with a comma.
Discussion in 'The BS Topic' started by Ace74, Oct 9, 2005.
YUP!!! Intent to drive, Sleep it off in a CAB..
First- I'm no fan of drinking and driving.
That being said- "drinking and driving" is a legislative crime- it's no "crime" against anyone or anything until the drunk hits something/someone. Following the same sort of logic- any kind of narcotic/prescription drug or driving tired is just as bad- maybe worse. Using this same "preventative" logic to justify charging people sitting in vehicles or sleeping it off in the back of a pickup is going too far- this sort of act is two full steps away from committing a real/physical crime (hitting something).
Second- all this means absolutely nothing for Ace74. Don't know if he's in the military or the MPs have the ability to charge civilians or if they called the regular police on him. In any event- get a lawyer- a lawyer with lots of [successful] DUI experience. It may cost you (i.e. a few thousand)- but how much is your license worth to you for however long it'll be gone if you're convicted?
Driving Under the Influence should at LEAST involve a vehicle that is MOVING!
If I'm the Judge, I'd toss it out, Case dismissed.
Parked cars are no more dangerous than a Cardboard box.
You said Platoon SGT and MPs so I am going to assume this was on base. Being on base has some advantages and well some disadvantages. First off the good you will not lose your out in town real drivers license and your insurance will not go up.... Unless the your command can really hammer you but they never did that while I was in.
The disadvantages your command/base police are going to hammer you and most likely there is nothing you can do about it. The Base police will take away your on-base driving privileges for at least a year if not more. That means not driving on base and no sticker/base access for your car.
Then there is what your command is going to do to you... I mean they could do nothing but I don't think that will happen. They will most likely take you to NJP or Office hours or Captain's mast. Or what ever the Army calls it. Which mean you are going to go in with your CO and he/she is going to hammer you with whatever they see fit. i.e. loss of pay, restriction, reduction, confinement, CCU or whatever else they can. You can refuse NJP for a Court Martial then you will be able to have a lawyer and be able to present your side. You know more like a real court case and less like a railroad job, but still pretty much involves you taking the big green weenie.
Of course I was in the Marine Corps so YMMV.
And if you were out in town throw all that away and get the best lawyer around.
I agree with you, but the charge is "intent to drive DUI", which means that he was sitting in a car drunk also had the keys and "could"(not that he did, but could) start it up and take it for a cruise while under the influence, however that would not be possible in a cardboard box. I'm not a lawyer, but sounds like he was busted with all the pieces of that puzzle in place for a ticket. My advice would be to hire a lawyer familiar with those laws.
Here in VA, if the hood was still warm...you probably would have a ticket; Ice cold hood would probably have gotten you a warning to not drive and to call a freind to pick you up and/or drive your car home for you.
Ok, now go change all your passwords
They have passed so many laws that Now they are passing woulda-coulda laws?
With that reasoning, They should arrest you for the possibility of streaking, all you had to do was strip and run naked.