Drivers are horrified. Many asked why doing the right thing gets them in trouble.
Impaired drivers trying to do the right thing: pulling off the roadway, putting the vehicle in park, calling a friend or taxi to handle the rest of the trip, sleeping it off. But guess what? They're still in trouble.
"Once they smell the alcohol and you are in the driver's seat and you have the keys on your person you are in trouble even if you are sleeping," DUI attorney Bruce Robinson said.
Robinson is an expert in DUI cases. He said the state's highest court recently upheld current law saying police, with reasonable suspicion, can still request an alcohol breath test even when the motorist is spotted parked along the side of the road. Drivers who refuse get their license suspended.
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5 comments:
Here's a tip....don't get in the driver's seat of a car if you've been drinking! Problem solved!
It is time to start exercising Jury Nullification. If you think it's unfair, even if it is illegal and they are dead to rights, you can refuse to find them guilty.
So, keep driving?? Some laws need to be re-examined.
Bars should have Breathalyzers installed and maintained by the state. Before you leave, you check your level. if too high, the bartender takes your keys until you're good.
Seems simple enough to save lives.
Or, do police just want the revenue.
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Thank you
"parked along the side of the road" & "Once they smell the alcohol and you are in the driver's seat" is all a jury needs to hear. I've been on that jury, and heard the same excuse by an attorney; his client wasn't driving when he was confronted by the cop. The suspect was actually coming out of the woods where he had just taken a leak, when the officer requested the sobriety check. Outcome...GUILTY. Did this so-called expert DUI attorney just start practicing law? Behind the wheel with the keys in your possession means you drove the vehicle to where it was sitting on the side of the road. DUH. And every driver is required to submit to the test, if suspected of DRIVING under the influence. I wonder how much money this attorney has made off of HIS victims, alleging to be an expert? I am sure its the attorney that is "horrified" at the appellate court's ruling.
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