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jester121
Premium Member
join:2003-08-09
Lake Zurich, IL

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Re: New service - FTTF

Yeah, well, "could have" doesn't sit too well with judges.

natedj
Elected
Premium Member
join:2001-06-06
Irmo, SC

natedj

Premium Member

Uh, your Honor, If I can remember correctly, that particular 7' section of fence cost me a bundle, cause I had to import the wood from Africa, then fly in a professional installer from the Ukraine ... we used solid gold nails and blah bla bla ...

Chuckles0
Premium Member
join:2006-03-04
Saint Paul, MN

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It does when you could have killed someone. Like in a DUI case. I've spoken with people who got DUIs when they weren't even driving; just walking to the car. What's that intent to drink and drive? But yeah, could have burned my house down doesn't seem like it would stick.

POB
Res Firma Mitescere Nescit
Premium Member
join:2003-02-13
Stepford, CA

POB

Premium Member

said by Chuckles0:

I've spoken with people who got DUIs when they weren't even driving; just walking to the car. What's that intent to drink and drive? But yeah, could have burned my house down doesn't seem like it would stick.
Walking to your car irrrespective of BAC is not "intent" to drive. Walking to your car, getting in, putting the key in the ignition and merely sitting there without turning the key is. Whoever these people you know who were cited for DUI for merely walking to their car in a drunken state should have contested the citation.

GlobalMind
Domino Dude, POWER Systems Guy
Premium Member
join:2001-10-29
Indianapolis, IN

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said by Chuckles0:

But yeah, could have burned my house down doesn't seem like it would stick.
I think it would if the fire was closer to the house, like the other cases we've seen where the siding ended up melting & such.

This seems it was far enough away that the burn the house down argument might not work.
boober321
join:2003-07-15
Milwaukee, WI

1 recommendation

boober321

Member

I agree. I call bulls%$t! The key HAS to be in the ignition.

gomer1701ems
join:2001-08-23
Minneapolis, MN

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Member

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My ex-wife got a DWI just for sitting on the front steps with her keys in her purse. Or so said the police report....
fiberguy2
My views are my own.
Premium Member
join:2005-05-20

fiberguy2 to boober321

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In some states, like CA, simply sitting in the driver's seat, even with the keys on the dash, not the ignition, is grounds for a DUI.

Source: Sacramento PD, CHP, ABC.

phattieg
join:2001-04-29
Winter Park, FL

phattieg

Member

In Jacksonville Florida, my roommate was in a pickup truck, in the middle seat, the driver was inside a Walgreens, roommate was sleeping in the middle seat and had been drinking, cop pulls up because the truck was still running. The person in the store did not have a license. The cop charges my roommate with DUI even after the person that was inside the store signed a affidavit stating they were the one driving. It was because my roommate had a valid drivers license that he got the DUI. When the cop approached the vehicle, my roommate was asleep, and the cop woke him up, and seen he was in the middle seat and everything. So far, he has paid close to $9,000 in fee's, fines, and DUI classes, and also had 40 hours of community service. IT CAN HAPPEN!