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DUI IV.
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<blockquote data-quote="HereWeGoAgain" data-source="post: 90489" data-attributes="member: 3485"><p><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: lostyetfound07</div><div class="ubbcode-body"> Of course he wasn't driving, he was passed out in the running car with an open bottle of ever clear, so his family thinks he'll get off, Opinions??? </div></div></p><p></p><p>I don't see how he could get off, unless by way of incompetence or malfeasance in the prosecution. Our daughter was arrested under almost exactly the same circumstances -- passed out in the car, with the engine on. Only she didn't have the open bottle. She wanted to fight it on the grounds that the arresting officer had no probable cause, having not himself witnessed her driving (it was phoned in by someone who did see her weaving). Of course she knew she was guilty, she was just trying to think of a way to get out of it. In her mind she did the right thing by pulling off the road :rolleyes: (that's like saying someone shouldn't be charged with assault with a deadly weapon if they only beat the victim with the loaded pistol instead of shooting him). Anyway her defender told her to forget it, they've heard it all before, no one would believe that she pulled over and then got drunk (especially with a BAL of .17), and if she tried to get smart with them they'd really throw the book at her.</p></blockquote><p></p>
[QUOTE="HereWeGoAgain, post: 90489, member: 3485"] <div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: lostyetfound07</div><div class="ubbcode-body"> Of course he wasn't driving, he was passed out in the running car with an open bottle of ever clear, so his family thinks he'll get off, Opinions??? </div></div> I don't see how he could get off, unless by way of incompetence or malfeasance in the prosecution. Our daughter was arrested under almost exactly the same circumstances -- passed out in the car, with the engine on. Only she didn't have the open bottle. She wanted to fight it on the grounds that the arresting officer had no probable cause, having not himself witnessed her driving (it was phoned in by someone who did see her weaving). Of course she knew she was guilty, she was just trying to think of a way to get out of it. In her mind she did the right thing by pulling off the road [img]:rolleyes:[/img] (that's like saying someone shouldn't be charged with assault with a deadly weapon if they only beat the victim with the loaded pistol instead of shooting him). Anyway her defender told her to forget it, they've heard it all before, no one would believe that she pulled over and then got drunk (especially with a BAL of .17), and if she tried to get smart with them they'd really throw the book at her. [/QUOTE]
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