# can an officer please answer this question? I can never get a straight answer



## raylyotomachida (Nov 29, 2011)

If I go out to a bar, club, or house party, and I am too drunk to drive can I sleep in my car if&#8230;(I have read numerous things about this so I come well prepared)..


Here is what I do. I find the club/bar/house party in advance. I park like 2 or 3 blocks away in a neighborhood (this eliminates officers saying "how did you drive to that destination, or you must have been drunk when you drove to this spot)
I usually have a 9 seat suv where I sleep in the back 3[SUP]rd[/SUP] row seat, but sometimes I sleep in a 4 seater car in the back seats. If I have a two-seater can I sleep in the passenger?
I bought a magnetic key holder- I stick my key in there and put it under my car. The keys are nowhere near me, they are under the car and I cannot physically get them.
I also bought a 300$ breathalyzer - so I wait until I literally blow a 0.00 before I drive home the next morning
 I am taking all the precautions to be safe&#8230;

Will I get a DUI? I basically can't go out anywhere and never can do anything because of this. NO ONE ever wants to be designated driver and I live 2 hours away from the city so a cab will not even bother driving there. Hotels in the city are like 200$ on Friday and Saturday

PLEASE tell me.. is it legal what I am doing? Is there any possible way to get a dui?


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## Guest (Nov 29, 2011)

You have a drinking problem. There is your answer.

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## gm7988 (Jul 18, 2010)

Why even risk it? A cab is cheaper than a dui


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## niteowl1970 (Jul 7, 2009)

Shenanigans !


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## Guest (Nov 29, 2011)

That seems like a lot of prep work just to get drunk. Why not just sit at home and get hammered like all the other alcoholics? 

Sent from my ADR6300


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## cousteau (Oct 31, 2011)

That is pathetic. If I found you shitfaced sleeping in a car, I am not leaving you there. You put the police in a sticky situation. If you can't make a better decision than to make elaborate plans to get hammered and sleep in your car, I can't imagine you would know when your alcohol level is low enough for you to drive a car safely. You will probably get PC'd and have your car towed. Community care taking. The way you describe this situation, I think it is legal. Look up the elements of OUI. It would also be acceptable to PC you as mentioned above. Simply put- I would not trust you.


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## HistoryHound (Aug 30, 2008)

Best advice: stop drinking you can't afford to lose anymore brain cells.


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## kwflatbed (Dec 29, 2004)

Too Late For Him


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## CJIS (Mar 12, 2005)

Wow somone needs to back off the booze.


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## lofu (Feb 25, 2006)

Totally legal and the most thats going to happen in the city is they are going to wake you up to make sure you are alive and then carry on. Bigger fish to fry, at least where I work.

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## Guest (Nov 29, 2011)

Legally, you can't be charged with OUI unless the keys are at least in the ignition (engine doesn't have to be running). Like lofu says, we have better things to do than haul in drunks who are trying to do the right thing, but I also have to agree with the consensus....if you're making plans that elaborate (albeit with the best of intentions), you might want to take a look at your alcohol consumption habits.


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## Pvt. Cowboy (Jan 26, 2005)

Dude... Bring a tent with you. Get hammered, pitch a tent with the rest of the occutards, and call it a night.


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## trueblue (Jan 21, 2008)

raylyotomachida said:


> If I go out to a bar, club, or house party, and I am too drunk to drive can I sleep in my car if&#8230;(I have read numerous things about this so I come well prepared)..
> Here is what I do. I find the club/bar/house party in advance. I park like 2 or 3 blocks away in a neighborhood (this eliminates officers saying "how did you drive to that destination, or you must have been drunk when you drove to this spot)
> I usually have a 9 seat suv where I sleep in the back 3[SUP]rd[/SUP] row seat, but sometimes I sleep in a 4 seater car in the back seats. If I have a two-seater can I sleep in the passenger?
> I bought a magnetic key holder- I stick my key in there and put it under my car. The keys are nowhere near me, they are under the car and I cannot physically get them.
> ...


You really should be asking the guy that was arrested for OUI (17th time) who didn't get any jail time...Now there's a F****** expert in this area. BTW, Good luck in AA kid


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## Villain293 (Apr 28, 2011)

Delta784 said:


> Legally, you can't be charged with OUI unless the keys are at least in the ignition (engine doesn't have to be running). Like lofu says, we have better things to do than haul in drunks who are trying to do the right thing, but I also have to agree with the consensus....if you're making plans that elaborate (albeit with the best of intentions), you might want to take a look at your alcohol consumption habits.


Delta,

Wasn't there a case where a successful prosecution for OUI occurred when the defendant had his keys in his lap or in his pocket? I swear I remember reading about that. Probably something that would happen in a small town. In the city we just throw your keys down the drain and move onto the next call haha


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## Guest (Nov 29, 2011)

Villain293 said:


> Delta,
> 
> Wasn't there a case where a successful prosecution for OUI occurred when the defendant had his keys in his lap or in his pocket? I swear I remember reading about that.


I'm not a case law fiend, so it's quite possible. I just remember I was taught the keys had to be in the ignition, and in any case, that to me is like piking a barroom parking lot for an OUI.....no fair.



Villain293 said:


> Probably something that would happen in a small town. In the city we just throw your keys down the drain and move onto the next call haha


The top of a flat-roofed business building works too......or so I've heard.


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## justanotherparatrooper (Aug 27, 2006)

In NH if you have control of the vehicle youre busted....get help


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## Paul Revere (Aug 23, 2009)

You'll spend $300 on a breathalyzer but you won't spend a few bucks on a cab, or $100 on a cheap hotel room?


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## pahapoika (Nov 5, 2006)

wal-mart parking lot ?

if your in the back seat, no keys in the ignition, no radio and the motor is cold can't see why anyone would bother you.


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## justanotherparatrooper (Aug 27, 2006)




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## pahapoika (Nov 5, 2006)

thought they let RV's camp out there for the night ?

maybe that's what this guy needs.

a home on wheels ! :shades_smile:


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## justanotherparatrooper (Aug 27, 2006)

I think he needs rehab :shades_smile:

---------- Post added at 08:14 ---------- Previous post was at 08:13 ----------

Im pretty sure theyre "selective" about who gets towed or not.


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## Villain293 (Apr 28, 2011)

There it is, thanks. I knew I didn't dream about that during the academy, I was awake for some of the law classes


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## Guest (Nov 30, 2011)

USMCMP5811 said:


> Yes, I can't find the exact case now but it stemmed from the Comm. Vs. Robert S. McGillivary case and cited a case from 1928 of Comm Vs. Uski
> 
> COMMONWEALTH vs. ROBERT S. McGILLIVARY.
> Which started the whole, keys not be in ignition for an OUI conviction, mearly the party only need to be in control of the vehicle or access to ( IE: keys in center console, back seat or other such readily accessible place to the operator.)


HA!!!

I couldn't even get a *trial*, never mind a conviction, for a repeat OUI where the guy was passed-out at a red light, foot on the brake, engine running, gear selector in "Drive". We had to smash the window out, and he was so drunk, he couldn't even stand-up. Two court entries on that BOP incident; arraignment, and dismissal.

If I brought an OUI into QDC where the person's keys were "readily accessible", I'd probably be charged with contempt of court.


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## csauce777 (Jan 10, 2005)

USMCMP5811 said:


> the party only need to be in control of the vehicle or access to ( IE: keys in center console, back seat or other such readily accessible place to the operator.)


Sounds like typical Mass BS. Because someone is drunk and sitting in a car with the keys stashed in the back seat or in the console, they're OUI? Where's the sense in that?


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## Guest (Nov 30, 2011)

csauce777 said:


> Sounds like typical Mass BS. Because someone is drunk and sitting in a car with the keys stashed in the back seat or in the console, they're OUI? Where's the sense in that?


Considering what a joke OUI is in this state, it's kind of ironic, don't you think?


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## OfficerObie59 (Sep 14, 2007)

Pass out in the backseat. Whether the car is running then becomes irrelevant.


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## niteowl1970 (Jul 7, 2009)

Front seat, back seat, keys in or out of the ignition... All = Dism


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## OfficerObie59 (Sep 14, 2007)

OfficerObie59 said:


> Pass out in the backseat. Whether the car is running then becomes irrelevant.





niteowl1970 said:


> Front seat, back seat, keys in or out of the ignition... All = Dism


My point, while a bit pithy, was actually my true opinion. The whole point here is how to get rip roaring drunk and still not get arrested.

Every SJC case regarding passing out when the car is running involves a person in the passenger seat. As most recently outlind in McGillavary, the car may be potentially set in motion by placing it in the "on" position, but you negate the hell out of the probable cause when you're not in the drivers seat as to who turned the ignition. In fact, have someone else do it for you when you leave the bar.

Additionally, it's a lot easier to awake and put the vehicle in motion when you're in the drivers seat. Whole different ballgame if you're in the back sleeping.

I would agree that like at trial, the verdict of whether this would be considered operation if it made it to an appeal would largely be base on what panel of judges you select (the Appeals Court cases are all over the place on these "passed out behind the drivers seat with vehicle running cases", i.e., see Comm. v. Plowman), but being in the back seat is a much more defensible position to be in if you find yourself without a ride home.


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## Guest (Dec 1, 2011)

OfficerObie59 said:


> My point, while a bit pithy, was actually my true opinion. The whole point here is how to get rip roaring drunk and still not get arrested.


I deploy a foolproof plan; I stay at home.



OfficerObie59 said:


> Every SJC case regarding passing out when the car is running involves a person in the passenger seat. As most recently outlind in McGillavary, the car may be potentially set in motion by placing it in the "on" position, but you negate the hell out of the probable cause when you're not in the drivers seat as to who turned the ignition. In fact, have someone else do it for you when you leave the bar.
> 
> Additionally, it's a lot easier to awake and put the vehicle in motion when you're in the drivers seat. Whole different ballgame if you're in the back sleeping.
> 
> I would agree that like at trial, the verdict of whether this would be considered operation if it made it to an appeal would largely be base on what panel of judges you select (the Appeals Court cases are all over the place on these "passed out behind the drivers seat with vehicle running cases", i.e., see Comm. v. Plowman), but being in the back seat is a much more defensible position to be in if you find yourself without a ride home.


All the legal arguments are interesting, but IMO, absent the douchebag factor, any cop that locks up someone who is just trying to sleep it off with the keys stashed in the console or their pocket seriously needs to get a life. If you're that concerned they're going to drive away, PC them and tow the car.


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## EMTFORHIRE (Nov 11, 2009)

Maybe you should make friends with someone that lives in the city, that way when the need for you to drive 2 hours to get hammered arises you have a place to crash. Or even better why dont you make the decision to be the DD for your friends so there not driving home wasted while your sleeping in parking lots opening your self up for a robbery.


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## Guest (Dec 1, 2011)

mtc said:


> Speaking of OUI's - anyone see the adds for the new "reality" show about them? People get locked up and held for $1500 bond??
> 
> I think it's "DUI" on TLC or something.


I couldn't watch it.....that would be like watching a video of your brother having sex with 2 hot women; you're happy for him, but jealous as hell.


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## MARINECOP (Dec 23, 2003)

5-0 said:


> you have a drinking problem. There is your answer.
> 
> Sent from my incredible 2 using tapatalk


a+ lmao!


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## pahapoika (Nov 5, 2006)

maybe the guy could just PC himself.

you know, walk in, ask for a quiet cell in the back.

kinda like Otis on Mayberry :shades_smile:


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## Usa8235 (May 20, 2010)

Otis!!! He was too funny, walking into the station and locking himself in the slammer!!!


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## SoulRebel (Dec 3, 2011)

I like this reply. With all due respect i think this is more or less the answer OP was looking for... Whether he was asking as a scenario or for himself, I firmly believe in the saying 'to each his own' (Within reason) so to speak... Most of you were being either sarcastic or acting like his gaurdian. If it is indeed pertaining to himself (OP) how is he going through 'too much' trouble? The point is so that he does not get in trouble... in my opinion whether you guys believe he's an alcoholic or not, at least he's being responsible.

I also have to agree with the officer i quoted.. there really is more things to worry about than giving someone who took responsibility for his actions a hard time.


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## OfficerObie59 (Sep 14, 2007)

One of the top five pieces of advice I ever got was "Never trust a drunk--even if it's you brother--to do the right thing."


SoulRebel said:


> Most of you were being either sarcastic or acting like his gaurdian. If it is indeed pertaining to himself (OP) how is he going through 'too much' trouble? The point is so that he does not get in trouble... in my opinion whether you guys believe he's an alcoholic or not, at least he's being responsible.
> 
> I also have to agree with the officer i quoted.. there really is more things to worry about than giving someone who took responsibility for his actions a hard time.


One of the problems with the lack of personal responsibility which is so pervasive in society is that it affects people's expectations as to what actions the police should take.

Let me ask, if the cops came across a guy shitfaced behind the wheel of his car in the parking lot and left him there, only to have him drive off shortly thereafter and kill your next of kin, you would not hold the police just the slightest bit responsible, either morally or legally?

See the line in MacGillvary about the police action being reasonable to prevent the driver from deciding he would leave and drive drunk. I fully agree that people who take the responsible route and sleep it off in thier cars should be left alone, but the courts have come to expect a much more of nanny state response, one we're often left with little option but to uphold.

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## Guest (Jan 11, 2012)

you have to make some type of attempt to show that you're going to drive in order to have OUI. even if the officer catches you walking back to your vehicle and sees you getting in the driver's seat, he has enough to technically charge you. if you do it as you described, sleeping in the back with the keys in a magnet, then no.


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## Kilvinsky (Jan 15, 2007)

JAP, great sig! Or is that a COLT? GET IT? SIG, COLT? oh, never mind. Funny though none the less!

Kid, good for you for trying to do the right thing and over all I applaud the effort even though I agree with everyone else, YOU DRINK TOO MUCH!

I drink too much, but I know my limits and refuse to get hammered unless I'm home and even then, after years of dealing with drunks and seeing how they act, PLUS knowing how the next day feels, I avoid excess like the plague. You should give this some thought yourself.


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