DUI issues..
- Thread starter Average Jae
- Start date
There are different kinds of searches, especially when it comes to cars. There are special exceptions that let you search a car. Besides, if he smells like alcohol, the cop doesn't have to search the car to give him a DUI. That's searching a person. All the cop needs is probable cause, which can be obtained by smelling alcohol on the breath, seeing the person drive erratically, etc.
And yeah, I want more stories.
And yeah, I want more stories.
Okay, last time around on this thread, you wore me down to the point of just giving up...cuz we were saying the same thing but you wanted different words to describe the exact same grey areas of the law that lead to dismissals....fair enough, whatever, call it grey or call it checks against police state....(some conservatives and liberals might call it the bill of rights against overreaching and invasive government).
Now that I've read your later slant (no quote in particular, just grabed one)...I have to wonder where are you coming from? Is this some officer training manual? Where is the moderation and balance that a lawyer is taught to practice? I don't mean to be mean, I'm just wondering where all these pronouncements of authority are coming from?
Now that I've read your later slant (no quote in particular, just grabed one)...I have to wonder where are you coming from? Is this some officer training manual? Where is the moderation and balance that a lawyer is taught to practice? I don't mean to be mean, I'm just wondering where all these pronouncements of authority are coming from?
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No the qoute above is from Legaldatabase.com, just like I cited. I am not sure what you are confused about beings all my sources are cited and quotes are from the Code books or Legal Data Base?It is not my language. Here is the Idaho code for DUI:
Idaho Code 18-8004
Notice section (5):
(5) "Actual physical control" as used in this section, shall be defined
as being in the driver's position of the motor vehicle with the motor running
or with the motor vehicle moving." This is what the law says and has been upheld by the Idaho Supreme Court as well as the 9th Circuit Court of Appeals, I do not see what is gray about it.
The particular part you quoted is also from Legaldatabade.com, and refers to accident investigation. In most states if an officer responds to an accident, lets say it is a single vehicle and the driver is out of the car when the officer arrives sitting on the curb intoxicated the officer can still investigate him for DUI.
See Idaho Code 49-1405:Idaho Code 49-1405 This code gives the officer the same authority to arrest for certain offenses as though they were felonies regardless of their actual class of crime. And another Idaho Code gives an officer authority to arrest at the scene of an accident investiagtion for offenses that otherwise he would have to witness himself.
Give me a specific about what you are unclear of as nothing I have said is my opinion, I have either stated/quoted law or others legal opinion.
Idaho Code 18-8004
Notice section (5):
(5) "Actual physical control" as used in this section, shall be defined
as being in the driver's position of the motor vehicle with the motor running
or with the motor vehicle moving." This is what the law says and has been upheld by the Idaho Supreme Court as well as the 9th Circuit Court of Appeals, I do not see what is gray about it.
The particular part you quoted is also from Legaldatabade.com, and refers to accident investigation. In most states if an officer responds to an accident, lets say it is a single vehicle and the driver is out of the car when the officer arrives sitting on the curb intoxicated the officer can still investigate him for DUI.
See Idaho Code 49-1405:Idaho Code 49-1405 This code gives the officer the same authority to arrest for certain offenses as though they were felonies regardless of their actual class of crime. And another Idaho Code gives an officer authority to arrest at the scene of an accident investiagtion for offenses that otherwise he would have to witness himself.
Give me a specific about what you are unclear of as nothing I have said is my opinion, I have either stated/quoted law or others legal opinion.
![[rofl]](/images/smilies/icon_smile_rofl.gif "ROFL [rofl]"){kind=icon}