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Originally Posted by kid0917
sounds like she was still in the driveway when he stopped her?
If so he gave her a break, this will be tossed and she will learn a huge lesson.
still cost you low thousands, I am sure.



I have seen convictions here for operating tractors and lawnmowers
while intoxicated. On private property. Following injuries that
required ambulances.

The DUI log skidder was a fatality, on road.
At 3am.

No sympathy for the driver in that one.
His wife was the victim.


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bad Judgement on cops part.




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Last edited by 222ND; 03/07/20.
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Originally Posted by simonkenton7
I believe that traffic laws do not apply on private property. I think she can get the case thrown out. Very zealous Iowa policeman there.



Yeah, they do apply.

Depends on the state, but usually, if you are drunk and in control of a motor vehicle, on the street, or private property, you can be arrested. The charge may not be DUI/DWI, but may be "In control of a motor vehicle while impaired".


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Several years back my brother had spent a Sunday afternoon on a lake fishing with some buddies on a friends boat.. There were a few beers consumed. He jumped out on the dock and backed the pickup and trailer down the ramp to load the boat. About 50 yards at 5mph. While they were winching the boat on an officer showed and made him blow into the thing. Brother really thought he would pass, but he was just over the limit.

Being a professional OTR truck driver, it was a big deal. He got an attorney and never had to miss any work time, But it cost a lot and was touch and go for a while.


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I wonder what his probable cause for the stop was

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Very few good ( neigbborhood) cops left. Remember the posts about Auroras drunk?

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Originally Posted by cowman
Yes private property, on their driveway


So is the cop supposed to be a mind reader to know exactly what her intentions were. Suppose she backs out of the driveway into the path of a busload of children. If the cop just watched it happen everyone would be all over him for not doing more. Cops can't win no matter what they do. Drunk driving is drunk driving no matter where it is.

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Good lawyer, fight it hard. Private property, not on the public street should help with over zealous cop trying to make an easy score.

Nursing Boards generally have little tolerance for such. Must clear the record. Lot to lose.

Gonna cost some serious money, but worth it considering the professional ramifications

Good luck. Let us know.

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DWT, driving while texting, is just as dangerous as DUI............yet I see it every time I go somewhere. Mostly women.

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Originally Posted by hunter4623
I wonder what his probable cause for the stop was



I knew a cop that would sit and watch the drunks walk out of a bar, obviously intoxicated. He would wait until they got in their car and start it before arresting them.

Thus they were charged with DWI vs being charged with Public Intoxication if he'd arrested them before getting in the car.

DWI = Thousands of dollars.

PI = $100 fine.


Go figure.


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Originally Posted by Dirtfarmer
Good lawyer, fight it hard. Private property, not on the public street should help with over zealous cop trying to make an easy score.

Nursing Boards generally have little tolerance for such. Must clear the record. Lot to lose.

Gonna cost some serious money, but worth it considering the professional ramifications

Good luck. Let us know.


This^^^

Get the best lawyer you can find and fight it for all she’s worth, you’ve gotta keep it off her record. It’ll have professional repercussions all her life if you don’t.

The good thing is it’s all about money, the state wants a lot of it and if you throw enough at it it’ll go away. It’ll be painful and costly though.

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Originally Posted by muleshoe
Got no sympathy for folks who drive drunk.

This will be a good life lesson for the girl if you let her learn it.

It will likely cost her thousands of dollars. Fortunately it didn't cost anyone else their life.

I do have some sympathy for the nurse in this case but remember that she chose to put herself in that situation.

Early in my career in law enforcement I responded to an accident involving an intoxicated driver. I don’t remember all the details anymore but there is one thing I never forgot. I held a sobbing 4 year old girl who had most of her scalp cut off in my arms while waiting for paramedics.

The intoxicated driver wasn’t a bad person, was probably well liked but made a bad decision. The 4 year old suffered the consequences of that decision. It’s only right that the driver also have some consequences.

After that, I never had a problem arresting intoxicated drivers.


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Yes, I saw a stat that said the average one costs $10,000.

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Originally Posted by kid0917
Yes, I saw a stat that said the average one costs $10,000.

Until you include SR22... just read the firstvnow costs well over double that!


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Cops here arrested a farmer for operating his tractor in his field while intoxicated, it upheld by a higher court. Get a great lawyer and good luck.

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Originally Posted by Dirtfarmer
Good lawyer, fight it hard. Private property, not on the public street should help with over zealous cop trying to make an easy score.

Nursing Boards generally have little tolerance for such. Must clear the record. Lot to lose.

Gonna cost some serious money, but worth it considering the professional ramifications

Good luck. Let us know.

DF



Got a guy busted for drunk driving, cops blocked him in on the driveway of a taco bell. They didn't see him drive on the street. Heard later in the day his etoh was .38

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This is ALL about the money. Money for the .gov and money for the defense atty.
Pay, pay, pay and she might get off "light". Pay some more about 10 years down the road and, depending upon the state, she may be able to get it expunged.
But in this day & age, having a DUI on record won't hold her back from much unless she wants a CDL.

ETA: See if she can get a work exemption for her DL suspension.

Last edited by Tyrone; 03/07/20.

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Originally Posted by rockinbbar
Originally Posted by hunter4623
I wonder what his probable cause for the stop was



I knew a cop that would sit and watch the drunks walk out of a bar, obviously intoxicated. He would wait until they got in their car and start it before arresting them.

Thus they were charged with DWI vs being charged with Public Intoxication if he'd arrested them before getting in the car.

DWI = Thousands of dollars.

PI = $100 fine.


Go figure.

While sitting in front of a bar waiting is reminiscent of shooting over a baited field, it is good police work, IMO.

Sat on a jury where the accused was inside a 7-11 when stopped by cops. It was very cold out. He said he was waiting for a cab and left his car at the 7-11 while drinking at the bar next door. Witness claimed he drove, but her testimony was shaky. She had just thrown him out of the bar for puking all over the place...

Cops never felt the block to see if it was ice cold or slightly warm. He was convicted. I was drawn as the alternate at the end and did not get to discuss the case with the others...


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Many police seem to like to pick, "low hanging fruit", easy, and not as dangerous as real crooks.


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Originally Posted by Dillonbuck
Originally Posted by kid0917
sounds like she was still in the driveway when he stopped her?
If so he gave her a break, this will be tossed and she will learn a huge lesson.
still cost you low thousands, I am sure.



I have seen convictions here for operating tractors and lawnmowers
while intoxicated. On private property. Following injuries that
required ambulances.

The DUI log skidder was a fatality, on road.
At 3am.

No sympathy for the driver in that one.
His wife was the victim.



Had a friend arrested for having a open container of beer open while mowing his back yard. He got the cop back by filming him at a bar and driving drunk, cop lost his job.

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