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  1. #1
    wyoung is offline Junior Member
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    Exclamation arrested in driveway and charged with dui

    What is the name of your state (only U.S. law)?WYOMING My husband was arrested for a APC/DUI while in his truck in our driveway. I was out of town and received a phone call from my landlord asking for a spare key to the truck so she could him out and into the house, but I had the key with me, and the doors were locked. She ended up calling the police for a welfare check to unlock the door. They told her they were taking him to the hospital to be checked out, and instead arrested him and took him to jail! They didn't tow the truck because she told them he lived there, yet they told me he was not on private property when he was arrested. If you cant get a public intoxication at home, how can they charge him?
    Last edited by wyoung; 02-15-2009 at 06:42 PM.
  2. #2
    Ohiogal is offline Senior Member
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    He was drunk behind the wheel of a car. He was in control of said vehicle. Hence DUI. And he can get public intox if he is in public -- which he technically was.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    wyoung is offline Junior Member
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    arrested

    I'm glad you weren't giving me advise, private property means you need a search warrant, he was not in public. If your not safe at home, where then? He had a few drinks, but also worked 60 hours that week, he was tired when he got home. Ever heard of innocent until proven guilty? No sobriety tests were given.
  4. #4
    BL
    BL is offline Senior Member
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    Quote Originally Posted by wyoung View Post
    I'm glad you weren't giving me advise, private property means you need a search warrant, he was not in public. If your not safe at home, where then? He had a few drinks, but also worked 60 hours that week, he was tired when he got home. Ever heard of innocent until proven guilty? No sobriety tests were given.

    Someone called a welfare check .

    If the keys were in the ignition and he was intoxicated , that makes him in control of the vehicle .

    The police didn't need a warrant as they were preforming a welfare check .

    Got it .

    They didn't tow because the vehicle was in the drive where he lives .

    He was charged with DUI .
  5. #5
    BigMistakeFl is offline Senior Member
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    You misunderstand the concept of "private" property. Most people do. He was in control of the vehicle and he is going down for this. I suggest you consult with a good DUI defense lawyer right away.

    Yes, they can do this.
  6. #6
    CdwJava is offline Senior Member
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    Wyoming statutes 31-5-233 indicates that no person "shall drive or have actual physical control of any vehicle" when they are impaired. Thus, it would seem to imply that DUI can be enforced anywhere. Plus, unless he stumbled out of the house and then got IN to his vehicle, he had to have driven to that spot in the driveway.

    I suspect that no sobriety tests were given because he was unconscious upon contact. If they conducted no tests and did not get a chemical test, then his attorney might be able to work out a deal ... though the being passed out behind the wheel is going to be tough to beat.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
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  7. #7
    Alex23 is offline Member
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    There is no information about the conditions of the arrest. I am going to guess that he was found asleep in the driveway with the engine running. Am I close?
  8. #8
    CdwJava is offline Senior Member
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    Quote Originally Posted by Alex23 View Post
    There is no information about the conditions of the arrest. I am going to guess that he was found asleep in the driveway with the engine running. Am I close?
    Heck, Wyoming defines it as "physical control" ... not sure, but that coul mean just sitting in the driver's seat even without the engine running!

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    Ohiogal is offline Senior Member
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    I'm glad you weren't giving me advise, private property means you need a search warrant, he was not in public.
    He was in PLAIN VIEW of anyone passing. There was NO EXPECTATION of privacy. No search warrant is required.

    If your not safe at home, where then?
    Oh but he was not safe at home. He was in public view. He was not inside the house with all blinds pulled and no way for people to see what was going on.

    He had a few drinks, but also worked 60 hours that week, he was tired when he got home. Ever heard of innocent until proven guilty? No sobriety tests were given.
    He had a few drinks and was behind the wheel of a car. Go figure. He was passed out. He got a DUI. if the car was parked in the garage with the door shut that would have been different.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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