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[Fired00d]

....


PS:  Hide your keys and don't be in the car when they come for you.  Hard to prove you were driving.  I don't do anything knowingly illegal much on the road, too many cell phones and wakos with guns to take the chances I did when I was younger.

.....

Ok, to flip the coin on this..... Don't be in your car in a parking lot w/the car running and be intoxicated. You can/will be charged w/DUI even though you might not have been driving.

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Ride Safe,
Fired00d
 [smiley=fireman.gif]

[Gettinold]

 YEA, IM SORRY PERRY, I MEAN GARY.  [smiley=huepfenlol2.gif]

[RJ749]

Ok, to flip the coin on this..... Don't be in your car in a parking lot w/the car running and be intoxicated. You can/will be charged w/DUI even though you might not have been driving.

 [smiley=pumpkin.gif]
Ride Safe,
Fired00d
 [smiley=fireman.gif]

Been down this road with my service manager years back.  Asleep in the back seat, keys in pocket, car not running..............DUI.  

My kid got busted for some minor drug offense when he was trying to get his car started in the 7-11 parking lot and an officer asked if he needed help.  He got off of it though.  There was a pipe in the car.  What are these kids thinking anyway, hide that chit.

[RJ749]

YEA, IM SORRY PERRY, I MEAN GARY.  [smiley=huepfenlol2.gif]

Good one [smiley=xyxthumbs.gif] Perry must have left anyway.

[Fired00d]

Good one [smiley=xyxthumbs.gif] Perry must have left anyway.

Perry/Gary has NOT left the building.

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Ride Safe,
Fired00d
 [smiley=fireman.gif]

[SBB]

Hey Perry...I mean Gary, if yoU are so good at resiZing pictures for everyone, could you resize Gettinold's "font" my ears are ringing from all of the shouting


PS:  Hide your keys and don't be in the car when they come for you.  Hard to prove you were driving.  I don't do anything knowingly illegal much on the road, too many cell phones and wakos with guns to take the chances I did when I was younger.

[highlight]Although I still have the 100 mph rule.  Must do 100mph everytime the bike hits the road, just a deal I made with a buddy when I was 18.  Actually get 'er done most of the time.[/highlight]

YUP
I knew there was a reason your post are special.
It's not the post count.
It's the style and attitude of the post!
Cool beans!

 [smiley=xyxthumbs.gif]

[RJ749]

YUP I knew there was a reason your post are special. It's not the post count.
It's the style and attitude of the post! Cool beans!
 [smiley=xyxthumbs.gif]

Not so cool all the time, I passed some wanker going into the pass just north of Cripple Creek this summer and must have twisted his crank for some reason.  Ask Canuck and Geezerglide, this wanker had his Ranger up on two wheels in those twisties trying to push my a$$ off the road.

Man that was a handful, fully loaded bags, tour pak and a full size pack strapped in the rear seat of the SEUC.  It sure handled well for being loaded like it was, finally put some distance between me and the Ranger and pulled off behind a tanker.  The dip had pulled off back a bit, but I didn't want to take any chance.  Leo, Kerry and I never could figure out what the issue was other than I'd passed him doing over a hundred and he was most likely doing around 80.

Oh well, chalk another one up to the survived side of the chart and think twice next time I see a light blue Ranger with CO plates.

[hogasm]

Many, many moons ago Lawrence Taylor the retired linebacker for the NY Giants was found asleep in his car in a rest stop in Harrisonburg Va. His keys were in the ignition, car not running, and the officers arrested him for DUI. He did blow over the limit. If memory serves me correct he pled guilty. no plea bargin.

[CVOMOE!!]

I have to differ on the point of view offered here that France could not have been arrested and processed if he was not found behind the wheel of the vehicle.  It may be different but I have processed many such impaired drivers in my career for the very same set of circumstances.  First off you have a witness that can testify that he was in fact the driver of the vehicle at a specific time and that he was driving in an erratic fashion.  It doesn't really matter that he was impaired by alcohol, drug or other, the offence is the same.  As far as processing France from his home they could have interviewed him relative to whether he had anything to drink after he got home.  He may have said no so now you have no issue with whether he drank after he got home or not.  Even if he did and told you he had 2 drinks after he got home you could perform the Breath test and then have an expert extrapolate back his readings at the time of driving.  The fact an officer could smell alcohol,  you have a witness(s), you have the warm car, etc you are good to go.  I can't believe it would be that much different in the States than Canada.  I have been successful in getting convictions in court on several similar incidents to this one.  I believe they were a little intimidated about who he was and no one wanted to make the decision to proceed.

Cheers, CVOMOE

[HUBBARD]

Hubbard,
Unfortunately I understand where you're coming from, but from a [highlight]legal standpoint[/highlight] unless the LEO can catch the perp under the wheel it will not stand up in a court of law that they were DUI. It doesn't matter whether the person was a “nobody” or someone w/a lot of influence such as Mr. France.

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Ride Safe,
Fired00d
 [smiley=fireman.gif]

Yeah, 'er 'uh 'd00d,
  Allow me to relate what I've learned in my travels, concerning the legal system in this Great Country of ours.  First, there's RIGHT.  Then, there's CORRECT.  Then, there's LEGAL.  Paramount to those, is the "Hallowed", TAX CODE.  It's the GOLDEN RULE, d00d.  He who has the GOLD, RULES.  Like me, Brian France was lucky.  I'm thankful he, or I, didn't cause serious injury, or death, to some innocent child, or adult.  Later--HUBBARD

[HUBBARD]

Well now I agree with that!
But I am a little rough on the curbs also.
And you have over 50 K in Maude and your complaining about 30 $ worth of fun.
Hell Hub, we are lucky we are not in a Federal prison for the speeds we have gone.


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[HUBBARD]

If they had taken us downtown under same circumstances they would have been liable for outcome. The law is for everybody, and a lawyer would have eaten him or her up in court. Maybe because Mr. France was a prominent figure in this community they may have decided that they didn't want the embarrassment of arresting him and then have it determined "unjustified" later, but either way under the same circumstances the end result would have been the same. Unless the "Accused" is caught behind the wheel and it is determined they are intoxicated you can't charge them w/that offense.

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Ride Safe,
Fired00d
 [smiley=fireman.gif]

You know the old saying, d00d, "99% of Lawyers give the rest of them a bad name."  [smiley=huepfenjump3.gif] [smiley=huepfenjump3.gif] [smiley=huepfenjump3.gif] [smiley=huepfenjump3.gif] Later--HUBBARD

[cuthbertss]

It does my little heart good to listen to a bro in bunker gear explain DUI law.....   [smiley=xyxthumbs.gif]
Gary is essentially correct.. you would lose the DUI on reasonable doubt right away...could the cops have tried it? yea, maybe...

could they have charged  France with Reckless Driving?  in theis state, yes, if the witness would sign the complaint... ath that point thge cop is ONLY a facilitator.in effect the charging witness testifies as if they were the arresting officer.
Leaving the scene of an accident?  maybe

the part of this that CHAPS my A$$ is the new agency policy that has the senior cop on duty responding to EVERY DUI.  
That is HORSECHIT and knee jerk anti law suit nonsense

[cuthbertss]

oh..and the keys in the pocket in the parking lot thing?  Actual Physical Control...  
in Oklahoma it used to be 100 yds from the car with the keys..not sure what it is now?

[BK]

Some lucky Dude [smiley=xyxthumbs.gif]He deserves a [smiley=drink.gif] [smiley=drink.gif] [smiley=drink.gif] after all that.  [smiley=oops.gif] Thats what might of been the problem.