Another feud in NY State

Agreed! My thought is that had they done this... The trooper stops only to ensure they have the situation under control and don't need any assistance.

 

http://www.nydailynews.com/new-york/nyc-crime/off-duty-nypd-flips-suv-charged-dwi-article-1.3392069

....and yet another one. It's a problem!!!!

 

But wait it was cold outside. If she didn't get behind the wheel she could have died from hypothermia.


Lol

 

IKR! Clearly, a serious problem. As you can probably imagine the cops almost always walk, if they're even charged. These of course are the cases where it can't be hidden

 

Listen smarty-pants, she doesn't have to drive away with her 8 yr-old to stay warm!

 

I wonder if it was State Troopers who arrested her?

 

My first guesses would be NYS Park Police or Suffolk County Police, but it's quite possible that it could've been NYSP.

 

So the Cop in the OP should be granted an exception under the law because he didn't feel like hearing his wife argue. *as if any men do* which was some bullshit that you made up to begin with. Lol

Anyone with an ounce of common sense knows that hearing a woman argue although unpleasant is not comparable to death by hypothermia.

Lmao.

But enjoy putting that spectator law knowledge to work.

Giving him a break is no different than giving her one. A car with a running engine has potential to be deadly. Drunk people can't be trusted with a deadly machine. Especially if its ON.

 

Sooooo...even though the the drunk was asleep outside his home?
Even though the LAW in NY State does make an exception for a car running. on a cold night, and you're asleep? I mean it mskes sense, right? (I should start charging you).

 

Read on mate...

http://www.mrduila.com/dui-defense/...en-you-are-sitting-inside-of-your-parked-car/

Ahem..excerpt...

It happens all the time where somebody will either drink in the car, or have something to drink, and go back to the car and think, “Look, you know, I shouldn’t be driving. I have had something to drink so I’m just going to sleep it off.”
Law enforcement officers will use that as an opportunity to do a DUI investigation. They will use whatever evidence they can to try to put you behind the wheel driving.

...If the engine is on and the car is parked in a location where it would have had been driven there, police will make an arrest. You would think that they would appreciate someone who was doing the right thing by pulling over and parking instead of driving, but the exact opposite is true.

...We were able to show during the trial that this was actually David’s street. He lived on that street, and he had gotten in a fight with his girlfriend…and rather than drive somewhere, because he had been drinking, he just stayed in the car and slept it off....

 

You're not at risk for hypothermia unless you have nowhere else to go. People who are stranded may be at risk. Not some drunk outside of his home.

Only someone who understands practical application of law can charge me. I can read for myself. I wouldn't pay someone foolish enough to insult the court with this mockery.

 

Well they won their case or had it dismissed...in a court of law, lol. (See above)
Common sense...so rare.

 

I stopped reading where it said the car must be moving in CALIFORNIA for a DUI case to be made CALIFORNIA. You were talking about NY for one thing, where the car apparently doesn't have to be moving. That's where the case is. The law is different there. The hypothermia clause is NewYork law.

Californians don't have to worry much about freezing, that's why the laws aren't exactly the same.

Try harder next time.

Anymore posts from your arse before I start my evening jog?

 

Wow dude....are you thick? You know there's a thing called HYPERTHERMIA.
I thought l made it clear to you in my posts from last week. I mentioned both.
California weather is prime for it.
Now go finish it. It gets good.

 

In California the car has to be moving. Is that true for NY. Yes or no troll

 

Hey troll, if the car has to be "moving" in CA, why did they arrest David for DWI then?(cause they're assholes, that's why)...
Why did the lawyer fight unsuccessfully with the court that he wasn't DWI.

So if you want to follow LAW, and the law in CA says DWI should be dismissed if he wasn't driving, then follow NY LAW that says...

... New York Courts have carved out an exception to the operation element of the law. If you turn on your car for the sole purpose of staying warm, the courts say that you have a defense to the charge of DWI. If you are lucky enough to be arrested in a jurisdiction where a lawyer is sitting as judge, or in a county where the local court judges know a little about the law, your “heat defense” should be successful at a probable cause hearing, or maybe at trial (if your case gets that far).
Eventually, your lawyer should be able to exonerate you...

If you can avoid turning on the car, I would avoid it. If it is so cold outside that turning on the heat becomes a safety issue and you really need to turn the car on, I would immediately get into the back seat and lay down. If a sheriff’s deputy does approach your car, she will report that she found you laying down in the back seat, which is an obvious sign that you are *trying to sleep. Hopefully, common sense will prevail and she won’t arrest you.

(*oh look, as opposed to actually being asleep like the NY man was).

 

Lol.

I'm going by the site that you posted. It said that movement was required.

If the dude didn't get off then why did you post that to begin with. How is it relevant to post a case where someone didn't get off to prove that you have a valid defense.

Lmao fuck outta here.

 

I said to get in the back seat days ago

Can you read?

 

Um...Because he did get off when he TOOK IT TO TRIAL, and it was dismissed. Read v

"...I worked on the case for about 6 or 8 months trying to negotiate a settlement. Obviously, my client did have alcohol in his system. He was behind the wheel, but he was not driving. We were trying to resolve the case for a drunk in public or disturbing the peace – a reduced charge as opposed to a DUI.

After 6 or 8 months of negotiating, we were not able to get that result. We did not want to accept any driving related plea bargain; we decided that it would be in the client’s best interest to take the case to trial. We were able to get the case dismissed through the trial process because the prosecution could not prove that he drove, or that when he had driven he was impaired..."

And that's ^ been my argument all along.

The CA case was dismissed because they can't prove he was driving and l said a lawyer for the NY guy would contest he wasn't either by invoking the caveat of the law that allows for extreme weather exceptions. It's just common sense and most NY'ers would agree that if you're parked outside your home, asleep with the engine running....it's not DUI. Give him a fine for public camping, fine. Find a reduced charge, fine- anything but DUI.
I'd be spitting mad if l was arrested for that bs.

 

Yawn.

So......he got off because he was not driving.

Driving is required in Cali for dui conviction, but not NY.

Wtf does that have to do with hypothermia???

Not a damn thing.