Re: Money hungry meter maids ticket car 7 times...

On Feb 27, 7:30 am, "Dave" <now...@xxxxxxxxxx> wrote:
Sounds more like separation of authority. The dead body likely had
too much resemblance to someone taking a break in order to avoid a DUI
risk.

You can be arrested and prosecuted for DUI if you are in a parked car, even
in the back seat. The key factor (pun intended) is if you have access to
the keys of the car, and are in the car. -Dave

I think this might vary state to state. Years ago I was in NYC @ a
club where some friends were performing. After the show my gf & I
went out to the car, where we decided to sleep until morning. I was
in the drivers seat, her in the passenger. Keys were in my pocket.

About an hour after falling asleep, we were woken up by the local
LEO. He was tapping on my window, so I put the keys in the ignition
to roll the window down. (I know, I know… I was young, drunk, and
half asleep). He asked where we were going, what we were doing, etc.
I said something to the effect of “what does it look like we’re
doing? Where does it look like we’re going? We were SLEEPING.
Tomorrow, when the sun is high in the sky, we’ve had breakfast and I’m
no longer under the influence we’ll be going back home.” The cop told
me to check my attitude, since the keys in the ignition were enough
for him to get a DUI conviction, and just my being in the drivers seat
was enough for an arrest and possibly a conviction. I tried to wake
up a bit and lose the attitude and apologized. He then started asking
really stupid questions “are you on ecstasy? Is there ecstasy in the
car?” etc. etc. (Electronic music event, damn stereotypes). I
explained to the cop that if we were on ecstasy, a drug neither of us
had any interest in, we wouldn’t be sound asleep – kinda against how
the drug works. I offered to let him look through the car to ease his
mind (figured he already had me on DUI if he wanted, and he appeared
to be letting it go, so may as well cooperate).

The cop was cool, and told me that if I wanted to sleep it off in the
car I had to do so in the back seat, since just being in the drivers
seat was DUI. I thanked him for informing me, got into the back seat
and went back to sleep. The next day we got up, walked up the street
to get some breakfast, killed some time around the city and then drove
home about midday.
.

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