DUI or Not?

[mrboma]

Question for the brave men and women in Law Enforcement.

I have a friend who was arrested for a DUI just recently. Here is what happened...

1. Friend is drinking at bar with friends
2. Friend has too much to drink and head to his truck to call for a ride home and not embarrass himself in said bar
3. Friend sits in drivers seat and puts keys and wallet on seat
4. Friend calls first friend for ride home, no answer
5. Friend texts next friend for ride home, text received and replied to with a "yes, on my way"
6. Friend then proceeds to fill the passenger side floor mat with vomit
7. Friend sits up to catch his breathe and gets a knock on the window by LE
8. Friend is taken into custody and booked for DUI
9. Friend spends night in jail and is let go at 5am for a cold walk home.

The charge listed on the citation is 23152 (a) (b)

There is nothing I have omitted that pertains to this situation.
Could someone in the know shed some light on this for me.
Much appreciated.
Mike

[CAL.BAR]

Never mind the police - perhaps you should talk to a DUI DEFENSE ATTORNEY! That's why we are here! In Ca, "volitional movement" of the vehicle is required for a DUI. Your description doesn't include that, but these cases case be tricky. PM me for more details or refer the "friend" to a DUI defense atty in his area.

[mrboma]

Never mind the police - perhaps you should talk to a DUI DEFENSE ATTORNEY! That's why we are here! In Ca, "volitional movement" of the vehicle is required for a DUI. Your description doesn't include that, but these cases case be tricky. PM me for more details or refer the "friend" to a DUI defense atty in his area.

DJ,
Thank you for your response. An attorney was retained the Monday following the incident. I am only concerned with the validity of the DUI.
Regards,
Mike

[hitman13]

If you weren't there then you don't know if anything was lied about or omitted...

[CAL.BAR]

DJ,
Thank you for your response. An attorney was retained the Monday following the incident. I am only concerned with the validity of the DUI.
Regards,
Mike

I agree, and that is a question for the DUI atty, not the police. Usually a "no drive" is difficult for the prosecution to win, but not impossible. Did you friend drive to the bar? how long was he there? did he have anything to drink before he drove to the bar? Did he move that vehicle even a little bit? These are questions that need to be answered.

[mrboma]

If you weren't there then you don't know if anything was lied about or omitted...

Sigh.

Hitman,
I knew the responses I would get would be the typical

1. Get off the internet and get a lawyer
2. Your "friend", ya sure
3. If you weren't there you don't know

Instead of posting something with no value to the question could we try to stay on topic.
Regards,
Mike

[mrboma]

I agree, and that is a question for the DUI atty, not the police. Usually a "no drive" is difficult for the prosecution to win, but not impossible. Did you friend drive to the bar? how long was he there? did he have anything to drink before he drove to the bar? Did he move that vehicle even a little bit? These are questions that need to be answered.

DJ,
Yes he did drive to the bar.
He was there approx. 2 hours.
He did not move the vehicle in any way.
Regards,
Mike

[hitman13]

Sigh.

Hitman,
I knew the responses I would get would be the typical

1. Get off the internet and get a lawyer
2. Your "friend", ya sure
3. If you weren't there you don't know

Instead of posting something with no value to the question could we try to stay on topic.
Regards,
Mike

There is nothing to discuss. Either A) it's about you and you screwed up, or B) it's not about you, you weren't there, and you are making assumptions based on one side of the story told by someone who was intoxicated at the time.

Is it a valid DUI? Yes, atleast where I live. Would I have handled it differently? Depends on the totality of the circumstances.

[TRICKSTER]

If it happened as posted, the DA where I worked would not charge.
If the keys were in the ignition or he made any attempt to start the vehicle, the situation would change.

[mrboma]

There is nothing to discuss. Either A) it's about you and you screwed up, or B) it's not about you, you weren't there, and you are making assumptions based on one side of the story told by someone who was intoxicated at the time.

Is it a valid DUI? Yes, atleast where I live. Would I have handled it differently? Depends on the totality of the circumstances.

Hitman,
You are the one making assumptions. I will thank you for your on topic response. Seeing that you reside out of state your opinion is no longer needed in this thread.
Regards,
Mike

[Ron-Solo]

There is nothing to discuss. Either A) it's about you and you screwed up, or B) it's not about you, you weren't there, and you are making assumptions based on one side of the story told by someone who was intoxicated at the time.
.

Intoxicated people often have sketchy memories bout the facts involved.

Your "friend" needs to shut up, and lawyer up.

[PolishMike]

There is nothing useful anyone here can say except get the best lawyer you can afford. Anything else is complete crap.

[mrboma]

If it happened as posted, the DA where I worked would not charge.
If the keys were in the ignition or he made any attempt to start the vehicle, the situation would change.

Trickster,
Thank you for the reply. This is my understanding of the law also. Something to the effect of having to be in control of your vehicle. Hard to do with no keys in the ignition.
Regards,
Mike

[mrboma]

Intoxicated people often have sketchy memories bout the facts involved.

Your "friend" needs to shut up, and lawyer up.

Ron,
I was hoping you might chime in. I was also hoping it would be helpful.
Can't win them all I guess.
Regards,
Mike

[keenkeen]

I might not even lawyer up yet...get a copy of the arrest report first.

Check those facts against what your buddy remembers, and the cell phone text evidence.

Wait and see what happens at the first court appearance. If they are going to proceed with a DUI or wet reckless at that point just plead not guilty and ask for time to get a lawyer.

They may just drop it based on what you posted...why give an atty $$$ for that?