Woman Cited For DWI In Own Garage

[Danke]

Woman Cited For DWI In Own Garage

May 19, 2011 11:03 AM


CHASKA, Minn. (WCCO) – Police cited a woman for driving while intoxicated in her own garage in Chaska.

Officers were called to the area of Victoria Drive and Bavaria Road on report of an intoxicated woman asleep behind the wheel.

The driver was found in her own garage, asleep in the driver’s seat and holding the ignition key. The garage door was open.

Officers woke the woman up and noted she had clear signs of intoxication. She refused to take field sobriety tests or submit to a breath test.

The woman, whose identity was not immediately available, was arrested on fourth-degree DWI and third-degree refusal to submit to DWI testing.

[Dr.3D]

She obviously wasn't driving. This should be thrown out of court.

[Agorism]

Ya it's bogus. She doesn't even need a reason. Maybe she was cold or wanted to listen to the radio. Whatever but it was on private property.

Policeman wasn't thinking.

[belian78]

I'll bet dollars to doughnuts this sticks though, unfortunately. A friend of my mom got a DUI here in IL a few years back this way. He realized he was too drunk to drive, parked his car and went to sleep in the backseat. Hour later the cops come by, smell alcohol, the rest is history.

[Mahkato]

Stupid neighbors.

[bb_dg]

I think they had an episode of Everybody Loves Raymond regarding something very similar to this.

[pcosmar]

She is fucked.
Regardless of the outcome this will cost her 3000.oo to 8000.oo dollars.

And if she was not "in the system" already, she is now.
:(

[doodle]

She obviously wasn't driving. This should be thrown out of court.

I believe citation can be made even if not driving if the key is in ignition ( someone correct me if wrong) under current laws.


The driver was found in her own garage, asleep in the driver’s seat and holding the ignition key.

This is odd. Maybe some experts can shed light on this.


Some areas cops are known have pressure for ticket quotas, this is very strange.

[AFPVet]

She obviously wasn't driving. This should be thrown out of court.

Not only this, but without a PBT or chemical test, it is difficult to prove OWI. FST's are the only thing that could if they are caught on camera... cop smells alcohol.... The whole private property thing and DUI/OWI is absurd. While technically correct, there is no constitutional reason for the law... your property is not government property! Well... you do pay property taxes (renting)... :mad:

[pcosmar]

This is odd. Maybe some experts can shed light on this.




I just did.

She is fucked.

:(

[fisharmor]

I'll bet dollars to doughnuts this sticks though, unfortunately. A friend of my mom got a DUI here in IL a few years back this way. He realized he was too drunk to drive, parked his car and went to sleep in the backseat. Hour later the cops come by, smell alcohol, the rest is history.

Mark Croveli wrote an excellent piece showing that these policies actually encourage people to drive drunk.

http://www.lewrockwell.com/crovelli/crovelli28.html


The general objective in this case is to make sure that all men who are thinking about sleeping off their intoxication in their vehicles choose to drive home instead. In order to achieve this result, all you have to do is draft and enact laws that punish sleeping in one's car (http://www.familylawyerservice.com/parked.htm) while intoxicated in exactly the same way that you punish drunk drivers. What you will have achieved by enacting such a law is to have increased the costs associated with choosing not to drive while intoxicated, while having simultaneously decreased the relative costs associated with driving drunk. When faced with the choice of sleeping in a truck cab (http://www.lewrockwell.com/crovelli/crovelli16.html) versus his own bed a man is likely to opt for the latter choice and drive home, when the costs associated with either option are the same. After all, why not choose to drive home and sleep in your own bed, when you could get a DUI anyway (http://www.startribune.com/local/41754752.html) just by sleeping in your car? If you are looking for laws to enact that will convince men to drive drunk, this should be one of the first options you consider.

[KingRobbStark]

When the campaign is over, we should fight these kind of aggressions in our own respective states. I mean we should all focus on one state, and then move on to another when the objective is accomplished. I guess we can call it "State hoping".

[Dr.3D]

She is fucked.
Regardless of the outcome this will cost her 3000.oo to 8000.oo dollars.

And if she was not "in the system" already, she is now.
:(This is true. My dad used to say, "Justice is only for the rich."

[heavenlyboy34]

This is true. My dad used to say, "Justice is only for the rich."

Words of wisdom. We mundanes, due to our inability to bribe the regime, are not entitled to justice as the wealthy, well-connected elites are. :( :mad:

[Dr.3D]

Words of wisdom. We mundanes, due to our inability to bribe the regime, are not entitled to justice as the wealthy, well-connected elites are. :( :mad:

Well, to them, a $150 speeding ticket is nothing. To a poor man, it can put him out of business.
If they really wanted to have justice, they would take into account the income of the person when imposing a fine.

A rich man can afford to hire attorneys and not go broke in the process. A poor man has to put up with the junk representation provided by the courts.

Edit: No matter how you look at it, even the innocent are guilty when it comes to paying for legal representation. Just have a few cops bust the innocent person a few times and they can make him go broke and lose his home.

[pcosmar]

This highlights (once again) the utter stupidity of DUI laws.
:mad:

[aGameOfThrones]

I guess cops started using the Kentucky v. King decision already. Entering the garage with no justification and no warrant...SCOTUS FTW!!!

[Dr.3D]

SCrOTUS

[devil21]

Traffic laws don't apply on private property, so how is this arrest justified? They just hoped she would open her mouth and admit to driving. Otherwise if she just exercises the 5th, which is appears she has, this will be thrown out.

[BamaAla]

She is fucked.
Regardless of the outcome this will cost her 3000.oo to 8000.oo dollars.

And if she was not "in the system" already, she is now.
:(

Yep. I got a DUI in college in my apartment parking lot. Fortunately, I was able to pay $10,000 for an attorney and was eventually found not guilty, but I'm still out that money and my face, fingerprints, nickname, and tattoos are now "in the system."

[aGameOfThrones]

Yep. I got a DUI in college in my apartment parking lot. Fortunately, I was able to pay $10,000 for an attorney and was eventually found not guilty, but I'm still out that money and my face, fingerprints, nickname, and tattoos are now "in the system."

DUI racket!

[Michael P]

If I had acres and acres of land and made some roads that lead to nowhere, I can't drive drunk on them? Hmmmmm.......

[Dr.3D]

If I had acres and acres of land and made some roads that lead to nowhere, I can't drive drunk on them? Hmmmmm.......

You could as long as the police didn't trespass.

[QueenB4Liberty]

That's ridiculous!