These cops don't even think twice about ruining someone's life. I believe that they enjoy doing it. They get excited at the chance to take away someone's freedom and cause them to lose jobs, family, their home, etc. The more they lose, the better. It's disgraceful and pathetic.
It happened to me. I was passed out and the person that actually was driving took off running. They caught him. They all knew he was driving. They Jerked me out of the car and slapped me with a DUI also and a disorderly because I woke up not knowing what was going on and started kicking. I got the whole thing dropped before preliminary as I went and looked for witnesses and got statements. My lawyer wouldn't have even tried to get me out of it. They are all in bed around here.
The same where I’m from. And in Chariton Iowa there is or was a defense attorney firm called Shelton law firm. I found out that he was a Freemason and the district attorney was a Freemason and they were cutting deals with each other behind peoples back‘s. I wanted to take one of my cases to trial and I had a public defense attorney. I had to go to the county courthouse and meet with my defense attorney and I told him that I wanted to take my case to trial. He went up and talked to the district attorney, Who was Paul Goldsmith at the time. Not once, not twice, (because I was being persistent because I thought that that was my right as a citizen.) but on the third time when my lawyer came down he told me “Paul told me to tell you that if you do not take a plea deal but he will make sure that you amount to nothing around the Chariton area.” So like a dumb ass I took a plea deal. Mainly because I only had a couple hundred dollars on me. And the funny thing is, from what I understand, that Brandon Shelton is/was a judge in Lucas County after what happened to myself. He is the son of the defense attorney law firm. Hopefully he’s there for good reasons. But the Freemason bullshit and secrets have to be unearthed...
@@fee8255 sounds like some corrupt shit in little Chariton Iowa. To threaten a person if they try to fight a case .. thats messed up. And no doubt that jerk off would have held true to his word.
@Bane That is so messed up… It is so obvious for some to see, but those that get special privileges seem to be a little blind to some things..... On purpose.
This reminds me of the guy sitting in his car, in front of his house, drinking and listening to music. It was drizzling. Time was around 1700 hrs or thereabouts and darkness had just set in. Three squad cars drive in and a female cop approaches this guy and orders him out of his car. He asks why? What have I done? Have I broken any law? The cop gets all pissed off and worked up and threatens to break his window if he does not open the door and get out of the vehicle. He requests for a supervisor and she tells him it is not gonna happen. He calls the emergency dispatch and requests for a supervisor but the dispatch tells him he has to deal with her. The female cop alleges the man had been driving erratically and dangerously and that she had followed him from the store, about five or six miles away. The car owner says, maybe you confused my plates with somebody else's. But she would have none of it. He tells her he has not left that parking but she insists he is the perpetrator. Luckily the supervisor comes but he also sides with the female cop. This guy says, ok, before I give you my ID, license and registration, can we pop the hood? I laughed when I saw what they saw. The car had no engine. Go figure. How was he running from them if he had no engine? The female cop had the audacity to still insist on him giving her his documents. Her ego was so bruised she was almost crying. I think she died of disappointment
Why did this not end right here? Attorney Foreman: I move to have this case dismissed. Judge: On what grounds? Mr Foreman: The simple fact that his truck was in operable. How can someone be convicted of driving under the influence of a truck that doesn’t move?
@@dtoad48 You're missing the point. The time to determine who is telling the truth is at TRIAL. You don't believe either side until the evidence has been heard at TRIAL. That's the whole point of judicial proceedings. This seems to have passed you by.
@@doilysimpkin6972 Did you see my first post? Here is a quote in case you missed it. "This point will be brought out in the trial." - dtoad48. Please don't interject into the conversation without first reading and understanding.
That cop is lyiiiiing. He just happened to be looking down at the man's feet when he was getting out? An intelligent person would be watching his hands, not his feet.
If he did see his foot on the brake he, [the copper], would have to lean in the vehicle to see it, then he would have been able to say if the window was open or shut, did he check if brake light was out and who turned off the motor, if it was running. If window is up, did he have to shout to get the person in the drivers seat to hear him. So many unanswered questions geez.!
@@glenedwards9846 It always leaves a doubt in my mind when cops, or any witness for that matter can recall the most fine detail that helps convict someone but when it's something obvious that even a layman would notice they "cant recall".
I really wish courts would get their A/V situation fixed. The constant alternating camera angles breaking most often on that weird Sony home screen is disorienting, but the worst is that they seem to have the clearest and loudest mic in the entire room sitting dead-smack in front of someone who spends the entire time just rifling through papers.
@@chevelle1 The software can most likely be adjusted to reduce the occurrence. Requiring audio for 1 or 2 seconds from a new source before changing cameras, changing sensitivity levels, etc... The fact that they have at least one of the mics triggering a stock home screen shows that they spent the least amount of effort possible setting the system up. Or if their software isn't that great, just record all cameras simultaneously. Price per Terabyte for HDDs are pretty cheap these days.
And the answer is: Because they can and few judges would have a problem with it. This guy found himself a "Real" lawyer, but they are few and far between.
That's why it's taking 3 years. If you fight a dwi I court they drag it out and they tell you in advance they're gonna do it and that your license is suspended till it's over. Dwi is an industry.
I know your heart is in it for the right reasons and I appreciate that and I think we need more lawyers in our country like you but there is no one like you you are your own man and I respect you!
I LOVE THAT YOUR UPLOADING AGAIN! Damn it was hard enuf with the pandemic not being able to do anything then ol DUI not uploading... That was a whole new level of boredom...
In Az . This happens every day. They say if you have your car keys on your person it's intent to drive! Dui. If you're washing your car in your driveway drinking a beer with your keys on you can be arrested for DUI.... Land of the Free?
@@daytonabeachUSA not chargeable here either. They should be smarter and quit drinking and then passing out in their vehicles. Keys in switch will nail you here though.. especially passed out "asleep".
Because you work with the same group over and over... You have 1 interaction with a person you'll remember that one separate.. What was the total of your last gasoline purchase? DOn't remember, How do you know who killed your wife... Thats how stupid this defense is..
@@surveysays8335 depends on the person, I tend to remember the people that become part of my routine, because I'm a creature of habit and set schedules, so I can tell you who I worked with yesterday and also the first person I worked with at my current job which was 5+ years ago. I'll never forget the name of the person who murdered my wife, I have to write it on the note tied to the gift basket.
What a c*nt for calling the cops on the poor guy. "Oh, I didn't want him to get in trouble ", well what goes around comes around. She's just a sad excuse for a human being.
@@michaelwaninger3155 The guy was slumped over and passed out drunk. She called because as she said; she wanted to make sure the man was alright... She didn't call the cops, she called 911 for help. If the guy was having a heart attack or stroke she might has saved his life.
LOL . . Judge couldn't wait to get Miss Clark off the stand. She was obviously irritated and not a credible witness to the details. Then the cop comes up there lying through his teeth.
Yes they do. It’s bs. Ruin someone’s driving record because they are parked asleep. Never been in trouble in my life. I was parked asleep and a cop assumed I was on something and took me to jail. I was only there for 3 hours. They pulled blood and sent me home. I even passed all of the sobriety tests and everything. I think the officer was just bored
I think I see plexiglass near the judge, so I assume this is within the last two years... but for some reason the court is still using a potato to film the proceedings.
My goodness, how long does a simple case like this take?? It happened three years prior and after hearing testimony, the judge is going to take another year to figure it out. Terrible.
If you’re sleeping in your vehicle after you’ve been drinking and your keys are in the trunk they can’t charge you with a DUI they have to physically witness you driving…
The state of Rhode island , (my state) says if yr keys are in the ignition even though the vehicle is not on, they can charge you with dui or oui...smh. Its fucked bruh
Not in California. A police officer can presume driving. What if the hood is warm, or the car is up against a light pole, and no one else is around. I would agree if you lock your keys up, get into the back seat and the engine is cold and you are in a parking lot. Side of the road no.
7:15 notice her slip in words…”they came back the next morning and had me write this…uhh what happened last night”. Freudian slip, they to,d her what to write?
@@pullybungieharder Not really, she spoke with police on scene and made a statement that was contemporary. The written statement bears the same date but was given at a later time. There is no way to actually determine the actual date of a falsified record and no way to corroborate what was said verbally vs what was written later. Clearly the witness had very little actual recollection of the events, probably no idea what she did or didn't state at the time and having taken the statement later anything could have influenced or changed the memory, altered recollection, been added or omitted. Part of the reason bodycams and dashcams are so important. They provide an accurate unbiased objective record of events. We all heard the officer say he observed the third brake light but only when cornered. He observed the feet on the pedals even though that seems highly unlikely. He heard the motor running. These are all statements of fact that are conflicted by other evidence. Convenient. It's reasonable to get a written statement at the point of original contact. Only actual necessity would require a delay. In my opinion it is not reasonable to wait and get a statement after other things have occured, other information is available, other factors have influenced memory. Just my thoughts.
@@eshootziscrs2868 The confusing nonsense from the author doesn't affect the validity of a witness's testimony. Many of us make notes of an important event precisely to fix that event and provide a more reliable record than. And I can certainly appreciate the police asking a witness to do so, to reduce the skew likely to happen over time.
@@pullybungieharder it’s normal. You get verbal report, have them fill out written at later time. No stress, not tired. (Even stuff like this bystanders get a bit of a rush). It’s better when witnesses are calm.
I once met a deaf man in jail who was arrested for sleeping in his car while drunk. The police beat his ass because he wouldn't tell them anything and called it resisting, all because he couldn't hear or understand them. Thankfully, he beat the case and sued
All you legally have to do when being detained by police is give yr name. You have a 5th amendment right against self incrimination. Aka the right to remain silent. Never talk to cops or give info other then yr name when you have to. Otherwise tell'em to kick rocks... Oh, and never give a field sobriety test or a breathalyzer. Especially if you've had a drink. Don't help them with the evidence to use against you bruh. At the point their asking for this , they've already made up their minds to arrest you. TheirJust wanting to add to the evidence..
In Australia this is a common charge for DUI. Even on your own property in your own garage. Not only DUI but unregistered, uninsured vehicle. The law here is down right nasty and government wondering why so many people against athroty . I'm 61 and any time I've had anything to do with police It's always been unpleasant and sometimes dangerous.
I have never driven when I had been drinking but several times I have been driving late at night and was so tired that I parked climbed in back and went to sleep. If you have enough sense to know that you should NOT be driving you should be left the f*ck alone. Defendent saved lives.
Even if the machine was "running" that does not indicate an intent to drive. The motor must be running for the AC/Heating to function. Without the machine actually MOVING, an arrest for "Operation while intoxicated" can be argued as unethical.
I see you don’t know the law in MN. Which state do you know the DUI laws?. My info is dated. (And I personally disagree). But the law as last I knew it. If I am drunk. I have the keys, ability to drive, am sleeping in front/back seat. I can be arrested for DUI. I was specifically advised. Lock keys in trunk “hid” and say a friend took them, they will be coming back with a driver. Years back Officer would give sleeping drunks a break. I personally have seen Officers check on parked pickup. Pulled into business parking lot middle of winter with drunk. Truck running, driver behind wheel…. Driver admitted drinks hit him, he decided to stop as unsafe. Officer risked his career by letting the guy sleep it off.
They should not allow people to review their statements and records 3 years after the fact, immediately before court. If the prosecution is concerned with people forgetting details, they need to prosecute faster, as in a couple of months, not 3 years later.
Heck in VA you can get a DUI for standing outside the bar having a smoke if your keys are on you. Even if your car is clear across the parking lot. “Intent” to DUI. Laws are getting ridiculous. Same with drunk in public. Don’t even have to be drunk. The cop just has to subjectively decide your behavior is “abnormal”.
If we have the right to speedy trial how do these cases end up being that old. I know it helps defense sometimes but that seems like a long time for a guy to be under the restrictions of having a dui without it being proven. Isnt that some kind of constitutional issue to hold someone's ability to travel freely hostage while the court system juggles his case around?
Nobody knows, for sure, when the guy started drinking. Apparently, it was his day off. And apparently, there were no cameras at that gas station. They could take his word for it, I guess.
If you have been drinking and realize you are impaired then park the vehicle to avoid driving impaired THAT is criminal some how. Case of damn if you do and damn if you don't.
@@larrythompson8630 The cops did not observe him driving. If it is sufficient to infer rather than observe then every person who has ever driven a vehicle after consuming an alcoholic beverage BUT NOT OBSERVED DOING SO can be charged with a DUI. If you are a drinker and have ever driven a vehicle THAT INCLUDES YOU.
@@hermanmiller3708 because I don’t know the law in that state. He was observed driving. (In many states that’s not needed) but if it is. It’s covered. He was not on his own property. Btw it’s legal to drink, then drive. Just stay under .08 if you can handle alcohol. If not much less. Fun fact. I have to stay under .04 when it’s possible I could have something come up. Horrors. Guy was driving so drunk he passed out. Bad decision making. While I personally disagree parked drunks should be fully charged. He was driving, pulled up for more drinks, then passed out before he could get them.
In New York if you are sleeping drunk in your car and the keys are in the ignition, you're getting arrested. Just remember to take the keys out before you pass out.
Has that been modified? With key fobs and push to start the police can argue you always have potential since key is always active. I need to check this myself as I live in Queens.
Conflicting testimony. Clerk says drove in at 10:55pm. Driver says he worked on truck for over an hour and the truck would not run. Cop and clerk both say truck was running.
@@surveysays8335 It can, it can also result in hardship loss of your own witnesses and evidence. All factors need to be considered and they can't be in the immediate aftermath or when a person is impaired. Funny we charge the person as being incapable and unsafe to drive but then expect they are somehow competent and fully informed slash/aware to consent and somehow don't consider an arrest duress. Pretty reasonable I guess, not. Just some thoughts
If you fight dwi they do this to punish you and the judge tells you at the start we drag this out for 5 years and you don't get your license back till it's over.
@@michaelwaninger3155 That's not true. Most people if, defended properly get offered PBJ for first time DUI. Now, this is a bit different for second times... You have a much weaker defense.
I beat a DWI about a year ago. got pulled on my motorcycle & was let go, only to be pulled moments later by the same cops. Them waiting till the 2nd contact to DWI me screwed them.
Some states specifically make it a law that you can't sleep in a car while intoxicated. Even if you're in the back seat, passenger seat, keys are not even in the ignition...
But he remembered his foot being on the break. In his defense they read the report and ticket before going on stand , it's unlikely he'd remember anything not in report 3 years later.
@@gregsmith7828 you'd be done for drunk in charge of a car not drink driving . It's England people have been done for drunk in charge of an horse drunk in charge of children even drunk in charge of machinery . Your drunk sleeping it off in car what's the very first thing you'll do when u wake up ????? Yup you'll get keys start car drive home still way over the legal limit
You don't have to be in the driver's seat or even have the engine running for the police to find you in charge of the vehicle. I was walking up the road, drunk as a skunk, swigging from my take out bottle from the pub, swinging my house keys (and a car keys) as I went to keep drinking with friends at their house. I refused to blow for the police when they stopped us whilst walking, because I was obviously drunk and got charged and convicted for "refusal to provide a breath specemin for analysis when required to do so by the law" with a 12 month ban, 250 fine, and 10 years on my licence (technically 11 until it came off). I took the optional court recommended drink driving course, which reduces the ban time by 1/4 and thats where I'm basing my opinion that you don't even need to be in driver's seat or have the engine running in the UK for drink driving I wouldn't even risk trying to sleep in the back with the keys in the tyres. Just not worth it. Especially not in December when they ramp up effort to make dd arrests.
I got a DUI in Arizona in 1998 for sleeping in the back seat of my car, keys not in the ignition. There is still a hold on me getting a Colorado license as of 2019 because I have not gone back to clear it up. Been driving without a license since.
I got a dui also in Norton Massachusetts. I wasn't in the vehicle at the time they approached and they charged me with DUI. no field sobriety test no breathalyzer because I wouldn't give one. Although they tried and of course they charged me anyway and as retaliation for not doing the test they hit me with the vehicle being stolen it wasn't, and possession of burglary tools there wasn't. Just a tool box in the bed of said truck. and a Firearm. I was able to get the firearm s*** dropped and they try to put me in jail for 8 years I'd beat that f****** case really easy. Because I didn't give them any evidence by giving or submitting to those field sobriety test I made them try to prove that I was drunk that day and they couldn't do it but somehow they still able to suspend my license and I got this big ass fine so I've been driving without a license since 2002. Lol "FTP"😀
That's what I was told years ago when I was sleeping in my car across the street from the party I was at. I was drunk and not about to drive home. The cop told me he COULD arrest me for DWI for BEING IN A POSITION TO DRIVE, even though he didn't SEE me drive. I took his advice and crawled into the back seat. He said he'd check back in a few hours. If I was gone, I'd be arrested for DWI.
That is a requirement our police in Corrales, NM say required a diploma, GED, or equivalent. What the heck is an equivalent? Criminal history is likely to be a bottom of the barrell they draw from. Former, or experienced thief would be preferred. They protect the Administrator w burglar tools found in his car and Put witnesses in psych units kidnapping, to prevent their testimony of citing the thieves who stole their property. 60 thefts in 7 month period town of 7500 not investigated. Why not? Why closed meeting for victims? Secret emails withheld from citizens.
In my state it’s common. Because there is a federal per se amount of alcohol and the car is in a public roadway. I have seen the arrests where the car is parked in a privately owned parking lot that is open to the public, but those arrests aren’t challenged. I also would like to see a challenge on a parked dwi where it’s for drugs because there is no per se, and no visible driving impairment
@@johngalt97 It’s being digitally recorded. The reason is that it’s paid for. Probably 20 years old, but still works, so why pay to replace it. The only requirement is to record audio. Video is a bonus.
If the keys are present, you are a potential DUI. The law is clear on this in most states. As a passenger that's a different thing but also could result in a DUI depending on vehicle ownership and access to keys.
They try and give DUIs to people sitting in the passenger seats of cars that belong to other people because they went outside to sit in the car of the person that drove them to where they are a bar or where ever.
The term driving implies motion, an action verb. Sitting in the vehicle is just that sitting. Now, it doesn't mean he didn't drive the vehicle to get to a destination, but how can he be driving under the influence if he's sitting on the vehicle. That's like arresting a kid for behind the wheel of a started car, and cite them for driving without a license.
This is why you put your keys in your dash lock your vehicle and sleep in the back seat that way 1 the keys are out of your posession 2 your out of the driver seat and 3 its parked and locked
Keys have to be 'not readily available'. State will argue that if you're drunk you might start the car for heat and then forget you're not supposed to be driving and take off. Keys would have to be in the trunk, or something like that, definitely not in a pocket.
Nice of her to call the Police. Always a Karen around, to watch out for you. 3 years after the incident she is still testifying. Karen’s never want to get people in trouble.
Said no one…..ever!! Btw- as a separate point, in my young childhood, I had an invisible friend who was named KAREN!!!!! My parents were trying to turn all their children into Karens, but I survived intact as ME!! They’re rolling in their graves now!! 🤪😂🤣
ok so what if you don;t call police and then he drives off and kills a pedestrian. Does the not-Karen then wish she had been a karen, having to live the rest of her life thinking about the time when she could have saved that persons life.
This happened to a friend of mine in the military. He promoted from Jr enlisted to NCO and the day he pinned on he went out to party at the e club. Got too drunk and decided not to drive. Couldn't find a ride so he walked to the billeting (base hotel). They didn't have any vacancy so he called his supervisor. Supervisor didn't answer because it was the middle of the night. Dude decided to sleep in his car but it was the dead of winter in Germany so he turned his car/heat on and fell asleep. Woke up while Security Forces was pulling him out of his car to arrest him. He started fighting because he had no idea what was happening. He was tossed in jail and had blood taken. Luckily his commander was awesome and just had the charges tossed. Once the camera footage from the E club and cop car came out it was pretty clear that the guy was trying to do the right thing.
Did he go to sleep in the front driver seat ? I clearly wasn’t there or don’t know the full situation but if he had his car in the same location (at the club in the parking lot ) and he was as laying down in the back seat I don’t see the same outcome but ya never know
@@jmilz08 yes. He said he was sleeping in the driver's seat with the seat all the way back and all the way down. Technically DWI but his commander dropped all UCMJ charges after the footage was released. Didn't want to hem up his troop for doing the right thing under the circumstances.
From Spain thanks for the content.. impressive material... a running angine and lights on... is not a parked car...Good the cops arrived on time before he would have left..... Just watching the guy.... when youre engine is running... you can drive dude...
@@entreri76x that's an excellent question my dude. I wonder if the law has been updated or if that's a loophole that can get you out of it? Are the keys in the ignition technically if the little fob thing is in your pocket? I'll have to do some research definitely not a lawyer but you got me curious!
As long as you're parked in a proper spot, car not running, there should be no issue at all with "sleeping one off" in your car. It's a responsible thing to do if you can't taxi/uber or find a ride.
Umm, that obviously isn’t why she called the police. Keep in mind that this is in Kentucky, when you see an unresponsive person slumped over in their vehicle around here 95% of the time they’re in desperate need of medical attention
@@warrenmcelroy4718 she called 911 because he might need medical assistance. 911 then contacted police rather then any other group. Police are more likely to think of arresting someone rather then checking health.
@@jasonmschleyz no there is no truth to that at all, in a case like that the police are contacted and the police then make the judgement wether an ambulance or fire/emt service is needed. Now if she had said that the guy is slumped over, unresponsive and has blood all over his face then they would contact the police as well as an ambulance or fire/emt service. The police do a whole world of other things besides arresting people
@@michaelwaninger3155 I know that part but I'm surprised the prosecutor didn't ask or his attorney just cause someone says it won't don't make it so and asking there's the chance to trip a guy up or clear him completely and makes the witnesses suspect a great way to toss the case
Was he sleeping in the front drivers seat? They can then wake up a start driving after sleeping for a short time! It all depends on where he was in the car.
This isn't the first time that WT hillbilly has been caught drunk in a car nor will it be the last. Let's hope he doesn't kill someone from your family the next time.
Good luck on your motion, Larry. I don't think it will be granted because your only witness is the defendant who by his own admission was intoxicated at the time and contradicts the timeline of the prosecution's witness. We should know by now yes? Even so, you've got these prosecutors scared. A simple objection got him all flustered. They aren't used to facing competent and passionate fighters. You can tell they are used to cutting deals with scum-bag lawyers to get loads of convictions. I love it. You are the best thing to happen to legal defense in my lifetime. (AND THE CIVIL RIGHTS LAWYER!) can't leave him out
In Texas if your keys are in the ignition you are considerate operating the vehicle or having intent to operate. It doesn't matter if the car is running or not, it doesn't matter if you're sleeping or not, if you're drunk and those keys are in the ignition you can get a DUI.
Here n the UK, you can't sleep it off in a car UNLESS you deposit your keys with someone else first. You will be arrested for being Drunk in Charge of a Motor Vehicle. So, technically, you could be asleep on 1 side of town with your car key in your vicinity and your car be in a garage the other side of town. However, the law here is not an ass on this example, you won't be charged unless in the vehicle or clearly attempting to get into the vehicle.
My car was broke down off the road keys in glove box. I was asleep with a real blanket and pillow. Fone was dead & out in the country. I drank some beer before I went to sleep. Open container got dropped but DUI stuck. Never seen me drive and was there fit 6hrs waiting for help.
I have had this happen to me in PA. However, in PA the cops did their jobs and made me get a ride home and get rhe vehicle the next day. I was drunk but was not driving so they had nothing on me. Its nit lawful to arrest someone for a crime they didn't commit. The State Police officer knew that and ultimately let me to with out charges being brought. The fact that the DA even brought the case before the court attests to the corruption in our legal system. Why did this judge ask the prosecution what date they want, first? So the judge automatically sides with the DA? Its sickening to be honest and these cops, judges and District attorneys have ruined far too many peoples lives just to better their own. Its immoral and scandalous.
(( Miss Clark gives a very detailed account to the prosecution about the man arriving to her store right before closing time )) Defense lawyer @ 7:46 - Miss Clark, you stated that the truck arrived shortly before closing time. That is your recollection. Clark: Correct. Lawyer: What color was the truck? Clark: Oh Lord. Blue I think. I can't remember. It's been 3 years ago (( awkward 8 seconds of silence ))
Why does this strike you as unusual? A dark color vehicle in the middle of the night.... which has nothing to do with the case... Why would she make a mental note of the color of the car? It's irrelevant. It's CRAZY that people hate cops so much they'll support an obviously drunk driver... Lets pray that none of these morons friends/family are the victim of a drunk driver.
@@finisher3x No...she had no reason to take note of the color of a truck... Why does it matter? Are you arguing she mistook this truck for another? Because that's the only logical explanation for this... Any lawyer worth their salt would understand this is a poor attempt to discredit the witness.. She was never testifying about the things she didn't know... she was a witness as to what was going on in the parking lot... which was simply a truck pulled up 20 minutes before they closed, and the occupant never entered the store... If you want to argue that something in her testimony is wrong... then do that...Anything else is just an attempt to misdirect someone... The defense is that he pulled into the parking lot and got drunk there... He wasn't already drunk... which, I think any jury will see though..
@@surveysays8335 sadly I'm missing any video evidence. I would think that the gas station had several camera's running. Including from the inside facing the entrance. And there is a discrepancy in the statements between the driver and the cashier. He said he went in for a phone and sigaretes. She said he never came in. And I am missing some evidence about his helpers. Did the lawyer file an avidvid from them that he called for help? That would go a long way into his version of events. Talk about how the car got removed from the premises. Where it was taken etc. He said a garage looked at it and reported about what all was wrong. When was that. Also, I'm pretty sure that even without keys in the contact, brake lights would light up when the paddle is pressed. So many bits of information missing here. But let's be clear... Having a drink in a car, even if the car is brokendown, and staying in the car (in the driver's seat even) is not the smartest thing to do.
You can still get DUI in a parked car (that is working by not running). Wonder if there is any case law for a disabled vehicle. Isnt having open containers of alcohol illegal in the vehicle? How did he drink it in the truck without opening it is what i want to know.
@@firstman9273 If that was the case, then you could get drunk in a mall car park, run someone down and not get charged with DUI? I doubt it. Drunk in charge of a vehicle can be applied wherever I think? Could police arrest a farmer for driving a tractor drunk on his own farm, not sure... I was interested, so went and had a quick Google: Apparently, yes you can get charged with DUI on your own land. Even if you are on a horse...
@@firstman9273 Not in the UK? 'Pursuant to Section 12 of the Licensing Act 1872, it is also an offence to be riding a cycle or to be in charge of any carriage, horse or cattle when drunk. Note, that it needs to be established that the Defendant is "drunk" not merely effected by alcohol.' 'Robin Milner, of Sherburn in Elmet, North Yorkshire, was arrested on 30 July. The 49-year-old was driving his horse near the Swan Hotel in Low Street, South Milford, at around 8pm. At York Magistrates’ Court on 18 August, Milner admitted to the charge of being drunk while in charge of a horse and cart, contrary to section 12 of the licensing act of 1871. Milner was ordered to pay a total of £105 - £85 of prosecution costs and a £20 victim surcharge.' NB: Not sure why one said 1871 and the other 1872 In regard to the private land aspect: 'You can (but shouldn't) be in charge of a vehicle on private land IF the public have not got access, by which they mean legal access so footpaths/bridle ways etc running through land (if you were driving through your own field for example) so with that, car parks to pubs, hotels etc even if private, still allow access' This would imply that even in the UK, you could be charged with DUI on private land as long as the public have access to it. I guess that means that and drunk driving would have to be done behind a locked gate or something else to prevent any member of public having access. If the guy delivering your post can get there with his van, then you cant drunk drive in those areas.
@@Ironbuket which is what I said, "Not in the UK you can't but in any public place, you can" which is any place to which the public have a right of access.
And here I thought the guy was sleeping in bed in his house. Was wondering how that was going to go over with a judge. Don't laugh to hard it may happen or may already have happened.
You should come to Canada where the RCMP were recently granted powers to arrest you for DUI up to two hours after you stopped driving. You can drive home sober, get hammered, and the cops can bust into your house and arrest you for DUI.
This is one of the best law channel in UA-cam so far. I'm from Moscow and I like to show this content to my friends on a big screen.
I watch SADB. Kirill is great.
Bullshit, “the civil rights attorney” is the best law channel on the internet now 😲🤯🤣😂👍✌️🖕🖕🖕🖕
Hello from the USA.
Every channel is the best when they are catching corrupted cops.
@@jackjackson7035 Link please? I’d like to watch. Thx
Making arrests=promotions. Simple. Ruining someone’s life is no concern to them.
These cops don't even think twice about ruining someone's life. I believe that they enjoy doing it. They get excited at the chance to take away someone's freedom and cause them to lose jobs, family, their home, etc. The more they lose, the better. It's disgraceful and pathetic.
No shit I agree with you a million percent you’re exactly right!!!!!
It happened to me. I was passed out and the person that actually was driving took off running. They caught him. They all knew he was driving. They Jerked me out of the car and slapped me with a DUI also and a disorderly because I woke up not knowing what was going on and started kicking. I got the whole thing dropped before preliminary as I went and looked for witnesses and got statements. My lawyer wouldn't have even tried to get me out of it. They are all in bed around here.
The same where I’m from. And in Chariton Iowa there is or was a defense attorney firm called Shelton law firm. I found out that he was a Freemason and the district attorney was a Freemason and they were cutting deals with each other behind peoples back‘s. I wanted to take one of my cases to trial and I had a public defense attorney. I had to go to the county courthouse and meet with my defense attorney and I told him that I wanted to take my case to trial. He went up and talked to the district attorney, Who was Paul Goldsmith at the time. Not once, not twice, (because I was being persistent because I thought that that was my right as a citizen.) but on the third time when my lawyer came down he told me “Paul told me to tell you that if you do not take a plea deal but he will make sure that you amount to nothing around the Chariton area.”
So like a dumb ass I took a plea deal. Mainly because I only had a couple hundred dollars on me.
And the funny thing is, from what I understand, that Brandon Shelton is/was a judge in Lucas County after what happened to myself. He is the son of the defense attorney law firm. Hopefully he’s there for good reasons. But the Freemason bullshit and secrets have to be unearthed...
@@fee8255 sounds like some corrupt shit in little Chariton Iowa. To threaten a person if they try to fight a case .. thats messed up. And no doubt that jerk off would have held true to his word.
@Bane 💯
@Bane That is so messed up… It is so obvious for some to see, but those that get special privileges seem to be a little blind to some things.....
On purpose.
My lawyer fought my defense tool he realized I wasn't backing down an was right
This reminds me of the guy sitting in his car, in front of his house, drinking and listening to music. It was drizzling. Time was around 1700 hrs or thereabouts and darkness had just set in. Three squad cars drive in and a female cop approaches this guy and orders him out of his car. He asks why? What have I done? Have I broken any law? The cop gets all pissed off and worked up and threatens to break his window if he does not open the door and get out of the vehicle. He requests for a supervisor and she tells him it is not gonna happen. He calls the emergency dispatch and requests for a supervisor but the dispatch tells him he has to deal with her. The female cop alleges the man had been driving erratically and dangerously and that she had followed him from the store, about five or six miles away. The car owner says, maybe you confused my plates with somebody else's. But she would have none of it. He tells her he has not left that parking but she insists he is the perpetrator. Luckily the supervisor comes but he also sides with the female cop. This guy says, ok, before I give you my ID, license and registration, can we pop the hood? I laughed when I saw what they saw. The car had no engine. Go figure. How was he running from them if he had no engine? The female cop had the audacity to still insist on him giving her his documents. Her ego was so bruised she was almost crying. I think she died of disappointment
Which video is that I'd love to see it
I would love to see it too.
@@leslieodjugo3199 I will look for the link n share it
@@GR31M4NN Thanks
That sounds so bad it has to be on Reno 911
Why did this not end right here?
Attorney Foreman: I move to have this case dismissed.
Judge: On what grounds?
Mr Foreman: The simple fact that his truck was in operable. How can someone be convicted of driving under the influence of a truck that doesn’t move?
This point will be brought out in the trial. And the jury will see how stupid this whole thing was.
Who said it was inoperable on other than the guy trying to get out of a DUI?
@@Andres64B Who said it was operable? Oh the cops did and I guess we should just believe them.
@@dtoad48 You're missing the point. The time to determine who is telling the truth is at TRIAL. You don't believe either side until the evidence has been heard at TRIAL. That's the whole point of judicial proceedings. This seems to have passed you by.
@@doilysimpkin6972 Did you see my first post? Here is a quote in case you missed it. "This point will be brought out in the trial." - dtoad48. Please don't interject into the conversation without first reading and understanding.
That cop is lyiiiiing. He just happened to be looking down at the man's feet when he was getting out?
An intelligent person would be watching his hands, not his feet.
Sad
If he did see his foot on the brake he, [the copper], would have to lean in the vehicle to see it, then he would have been able to say if the window was open or shut, did he check if brake light was out and who turned off the motor, if it was running. If window is up, did he have to shout to get the person in the drivers seat to hear him. So many unanswered questions geez.!
At this point I can't understand how any judge could take what any cop says at face value.
@@glenedwards9846 It always leaves a doubt in my mind when cops, or any witness for that matter can recall the most fine detail that helps convict someone but when it's something obvious that even a layman would notice they "cant recall".
About 90% of police reports or testimony contain lies. It's a corrupt revenue producing scam industry.
Demand the cop pay American Citizens back for attorney.
It should be paid from the police retirement fund.
@@pavanatanaya I like that better, that way they all get their retirement taken away and will stop tyrants.
I really wish courts would get their A/V situation fixed. The constant alternating camera angles breaking most often on that weird Sony home screen is disorienting, but the worst is that they seem to have the clearest and loudest mic in the entire room sitting dead-smack in front of someone who spends the entire time just rifling through papers.
The view we see is automatically triggered by the audio.
@@chevelle1
The software can most likely be adjusted to reduce the occurrence. Requiring audio for 1 or 2 seconds from a new source before changing cameras, changing sensitivity levels, etc... The fact that they have at least one of the mics triggering a stock home screen shows that they spent the least amount of effort possible setting the system up.
Or if their software isn't that great, just record all cameras simultaneously. Price per Terabyte for HDDs are pretty cheap these days.
And the answer is: Because they can and few judges would have a problem with it. This guy found himself a "Real" lawyer, but they are few and far between.
That's why it's taking 3 years. If you fight a dwi I court they drag it out and they tell you in advance they're gonna do it and that your license is suspended till it's over. Dwi is an industry.
I know your heart is in it for the right reasons and I appreciate that and I think we need more lawyers in our country like you but there is no one like you you are your own man and I respect you!
I LOVE THAT YOUR UPLOADING AGAIN! Damn it was hard enuf with the pandemic not being able to do anything then ol DUI not uploading... That was a whole new level of boredom...
In Az . This happens every day. They say if you have your car keys on your person it's intent to drive! Dui. If you're washing your car in your driveway drinking a beer with your keys on you can be arrested for DUI.... Land of the Free?
You mean the pigs can trespass on your property just to check your pockets for keys? Fk that!!
Has that ever happened or is that hyperbole? I feel like washing your car in the driveway while drinking is not a chargeable offense
@@daytonabeachUSA not chargeable here either. They should be smarter and quit drinking and then passing out in their vehicles. Keys in switch will nail you here though.. especially passed out "asleep".
Home of the brave baby!!!!
@@daytonabeachUSAshouldn’t be
That was one of the best believable defendants I’ve ever seen. He was so honest. You could feel it.
She can remember the defendant she seen maybe at a glance once but can't remember who she worked with multiple times? Hmm
The incident was out of the ordinary.
People don't usually remember the mundane.
Because you work with the same group over and over... You have 1 interaction with a person you'll remember that one separate..
What was the total of your last gasoline purchase? DOn't remember, How do you know who killed your wife... Thats how stupid this defense is..
@@surveysays8335 depends on the person, I tend to remember the people that become part of my routine, because I'm a creature of habit and set schedules, so I can tell you who I worked with yesterday and also the first person I worked with at my current job which was 5+ years ago. I'll never forget the name of the person who murdered my wife, I have to write it on the note tied to the gift basket.
What a c*nt for calling the cops on the poor guy. "Oh, I didn't want him to get in trouble ", well what goes around comes around. She's just a sad excuse for a human being.
@@michaelwaninger3155 The guy was slumped over and passed out drunk. She called because as she said; she wanted to make sure the man was alright... She didn't call the cops, she called 911 for help. If the guy was having a heart attack or stroke she might has saved his life.
*NORMAL PEOPLE (and AAA and DRIVER'S SAFETY COURSES) ALWAYS RECOMEND PULLING OFF THE ROAD AND PARK IF YOU ARE TOO TIRED TO DRIVE*
Try it and some one will call the cops or the cops will question the sleeper assuming they are drunk .
@@robertbrawley5048 *DRUNK???*
*IS THE OFFICER DRUNK or ON DRUGS???*
@Col Striker *GETTING ID FOR NO CRIME IS LIKE GETTING FREE CRACK TO THE POLICE*
The real crime was drinking fireball.
I feel personally attacked...
@@TheSlong123 Friends don't let friends drink trash liquor.
Lmao right. If he was drinking fireball I know for a fact he wasn’t drunk.
Having a witness give their address on the stand?? What??? Since when?? Why??
This judge is already at the bar in his mind, talking to his lady friend and eating, bored and ready to convict.
LOL . . Judge couldn't wait to get Miss Clark off the stand. She was obviously irritated and not a credible witness to the details.
Then the cop comes up there lying through his teeth.
Great video, you can learn a lot from watching these videos. Thanks for sharing 👍
They do it all the time.
I've got a co-worker that was charged for DUI, in his brother's driveway, in a car with no wheels.
@@DJVIIIMan 😮 no way!!
@@DJVIIIMan please give us that “rest of the story”
Intentionally obscuring the record?
Yes they do. It’s bs. Ruin someone’s driving record because they are parked asleep. Never been in trouble in my life. I was parked asleep and a cop assumed I was on something and took me to jail. I was only there for 3 hours. They pulled blood and sent me home. I even passed all of the sobriety tests and everything. I think the officer was just bored
I think I see plexiglass near the judge, so I assume this is within the last two years... but for some reason the court is still using a potato to film the proceedings.
not to mention the date stamp!... boy I'm not very observant today haha
@@RobbieWebster 🤣🤣 Fine Detective work sir
The cameras are paid off, so that’s why they’re still using them.
Take away the date stamp this looks like early 2000s video technology.
Lawyer: "You could have dressed up a little for your court hearing"!
Client: "This is dressed up".
My goodness, how long does a simple case like this take?? It happened three years prior and after hearing testimony, the judge is going to take another year to figure it out. Terrible.
If you’re sleeping in your vehicle after you’ve been drinking and your keys are in the trunk they can’t charge you with a DUI they have to physically witness you driving…
@@MrJohnBos of course it all depends on the state…
In NY if your keys are in the ignition, your busted. If not, your good.
The state of Rhode island , (my state) says if yr keys are in the ignition even though the vehicle is not on, they can charge you with dui or oui...smh. Its fucked bruh
@@hemperorkush6861 most definitely anything to collect revenue…
Not in California. A police officer can presume driving. What if the hood is warm, or the car is up against a light pole, and no one else is around. I would agree if you lock your keys up, get into the back seat and the engine is cold and you are in a parking lot. Side of the road no.
Can’t wait for the follow up!
7:15 notice her slip in words…”they came back the next morning and had me write this…uhh what happened last night”. Freudian slip, they to,d her what to write?
They got her to write down, rather than verbally describe, the previous night's incident. Completely reasonable.
@@pullybungieharder
Not really, she spoke with police on scene and made a statement that was contemporary. The written statement bears the same date but was given at a later time. There is no way to actually determine the actual date of a falsified record and no way to corroborate what was said verbally vs what was written later.
Clearly the witness had very little actual recollection of the events, probably no idea what she did or didn't state at the time and having taken the statement later anything could have influenced or changed the memory, altered recollection, been added or omitted.
Part of the reason bodycams and dashcams are so important. They provide an accurate unbiased objective record of events.
We all heard the officer say he observed the third brake light but only when cornered. He observed the feet on the pedals even though that seems highly unlikely.
He heard the motor running.
These are all statements of fact that are conflicted by other evidence. Convenient.
It's reasonable to get a written statement at the point of original contact. Only actual necessity would require a delay. In my opinion it is not reasonable to wait and get a statement after other things have occured, other information is available, other factors have influenced memory.
Just my thoughts.
@@eshootziscrs2868 The confusing nonsense from the author doesn't affect the validity of a witness's testimony. Many of us make notes of an important event precisely to fix that event and provide a more reliable record than. And I can certainly appreciate the police asking a witness to do so, to reduce the skew likely to happen over time.
@@pullybungieharder it’s normal. You get verbal report, have them fill out written at later time. No stress, not tired. (Even stuff like this bystanders get a bit of a rush). It’s better when witnesses are calm.
Makes me sick to my stomach why this even goes to court!!
I once met a deaf man in jail who was arrested for sleeping in his car while drunk. The police beat his ass because he wouldn't tell them anything and called it resisting, all because he couldn't hear or understand them.
Thankfully, he beat the case and sued
All you legally have to do when being detained by police is give yr name. You have a 5th amendment right against self incrimination. Aka the right to remain silent. Never talk to cops or give info other then yr name when you have to. Otherwise tell'em to kick rocks... Oh, and never give a field sobriety test or a breathalyzer. Especially if you've had a drink. Don't help them with the evidence to use against you bruh. At the point their asking for this , they've already made up their minds to arrest you. TheirJust wanting to add to the evidence..
I feel sorry for this defendant , how easy they can ruin someone’s life.
The cop said that's what we do make the impossible possible wrong is right and right is wrong that's how we were trained.
In Australia this is a common charge for DUI.
Even on your own property in your own garage.
Not only DUI but unregistered, uninsured vehicle.
The law here is down right nasty and government wondering why so many people against athroty .
I'm 61 and any time I've had anything to do with police
It's always been unpleasant and sometimes dangerous.
I have never driven when I had been drinking but several times I have been driving late at night and was so tired that I parked climbed in back and went to sleep. If you have enough sense to know that you should NOT be driving you should be left the f*ck alone. Defendent saved lives.
Even if the machine was "running" that does not indicate an intent to drive. The motor must be running for the AC/Heating to function. Without the machine actually MOVING, an arrest for "Operation while intoxicated" can be argued as unethical.
I see you don’t know the law in MN. Which state do you know the DUI laws?. My info is dated. (And I personally disagree). But the law as last I knew it. If I am drunk. I have the keys, ability to drive, am sleeping in front/back seat. I can be arrested for DUI. I was specifically advised. Lock keys in trunk “hid” and say a friend took them, they will be coming back with a driver.
Years back Officer would give sleeping drunks a break. I personally have seen Officers check on parked pickup. Pulled into business parking lot middle of winter with drunk. Truck running, driver behind wheel…. Driver admitted drinks hit him, he decided to stop as unsafe. Officer risked his career by letting the guy sleep it off.
They should not allow people to review their statements and records 3 years after the fact, immediately before court. If the prosecution is concerned with people forgetting details, they need to prosecute faster, as in a couple of months, not 3 years later.
Heck in VA you can get a DUI for standing outside the bar having a smoke if your keys are on you. Even if your car is clear across the parking lot. “Intent” to DUI. Laws are getting ridiculous. Same with drunk in public. Don’t even have to be drunk. The cop just has to subjectively decide your behavior is “abnormal”.
If we have the right to speedy trial how do these cases end up being that old. I know it helps defense sometimes but that seems like a long time for a guy to be under the restrictions of having a dui without it being proven. Isnt that some kind of constitutional issue to hold someone's ability to travel freely hostage while the court system juggles his case around?
Why isn't the DA being disbarred for bringing this before the courr???
Nobody knows, for sure, when the guy started drinking.
Apparently, it was his day off.
And apparently, there were no cameras at that gas station.
They could take his word for it, I guess.
If you have been drinking and realize you are impaired then park the vehicle to avoid driving impaired THAT is criminal some how. Case of damn if you do and damn if you don't.
Don’t drive period get a ride to and from if not stay home. Look at this case getting a ride this wouldn’t happen.
@@kurtwetzel154 He was parked and asleep NOT driving.
@@hermanmiller3708 which video did you watch? I saw he drove up, passed out. He was driving.
@@larrythompson8630 The cops did not observe him driving. If it is sufficient to infer rather than observe then every person who has ever driven a vehicle after consuming an alcoholic beverage BUT NOT OBSERVED DOING SO can be charged with a DUI. If you are a drinker and have ever driven a vehicle THAT INCLUDES YOU.
@@hermanmiller3708 because I don’t know the law in that state. He was observed driving. (In many states that’s not needed) but if it is. It’s covered. He was not on his own property. Btw it’s legal to drink, then drive. Just stay under .08 if you can handle alcohol. If not much less.
Fun fact. I have to stay under .04 when it’s possible I could have something come up. Horrors. Guy was driving so drunk he passed out. Bad decision making. While I personally disagree parked drunks should be fully charged. He was driving, pulled up for more drinks, then passed out before he could get them.
If he was homeless sleeping on the ground he would have been ok lol 😂
In New York if you are sleeping drunk in your car and the keys are in the ignition, you're getting arrested. Just remember to take the keys out before you pass out.
Has that been modified? With key fobs and push to start the police can argue you always have potential since key is always active. I need to check this myself as I live in Queens.
@@BLACKHEAT1028 I moved out of NY. I know that is how it was, don't know about now?
Conflicting testimony. Clerk says drove in at 10:55pm. Driver says he worked on truck for over an hour and the truck would not run. Cop and clerk both say truck was running.
This lawyer knows how to build relationships and network
That defense attg will make me not EVER want to call to help anybody!
So much for Quick and Speedy trial. This happened 3 years ago. wow.
First paper u sign when you get to court is a waiver of that right. Im sure the first lawyer advised him to sign
It benefits the defense most time. The cop moves away, or a million other things and you get off scott free.
@@surveysays8335
It can, it can also result in hardship loss of your own witnesses and evidence.
All factors need to be considered and they can't be in the immediate aftermath or when a person is impaired.
Funny we charge the person as being incapable and unsafe to drive but then expect they are somehow competent and fully informed slash/aware to consent and somehow don't consider an arrest duress.
Pretty reasonable I guess, not.
Just some thoughts
If you fight dwi they do this to punish you and the judge tells you at the start we drag this out for 5 years and you don't get your license back till it's over.
@@michaelwaninger3155 That's not true. Most people if, defended properly get offered PBJ for first time DUI. Now, this is a bit different for second times... You have a much weaker defense.
I beat a DWI about a year ago. got pulled on my motorcycle & was let go, only to be pulled moments later by the same cops. Them waiting till the 2nd contact to DWI me screwed them.
Some states specifically make it a law that you can't sleep in a car while intoxicated. Even if you're in the back seat, passenger seat, keys are not even in the ignition...
Lol the cop couldn't remember if the window was down ? That sounds like bull
But he remembered his foot being on the break. In his defense they read the report and ticket before going on stand , it's unlikely he'd remember anything not in report 3 years later.
@@michaelwaninger3155 - Yes, they lie
I sat on the jury for one of these. I asked the prosecutors how they could bring that to trial. He blew me off since Im not an attorney
As he should have. It's not the jurors right or responsibility to question the prosecutor, that's the defense attorney's job. Stay in your lane, pleb
Keep up the great work Larry
In the UK if your drunk and you've got keys on your person and sleeping in your car your charged with drunk driving
drunk in public yes, driving an inoperable vehicle? uh...no
@@gregsmith7828 if you've got keys on ya or in pocket and drunk in car asleep then you'll be done for DD definitely IF police see you 100%
@@gregsmith7828 you'd be done for drunk in charge of a car not drink driving .
It's England people have been done for drunk in charge of an horse drunk in charge of children even drunk in charge of machinery .
Your drunk sleeping it off in car what's the very first thing you'll do when u wake up ?????
Yup you'll get keys start car drive home still way over the legal limit
In UK, if you are in the driver seat and the engine is running, you are ‘operating’ the vehicle, even when the vehicle is not moving.
You don't have to be in the driver's seat or even have the engine running for the police to find you in charge of the vehicle. I was walking up the road, drunk as a skunk, swigging from my take out bottle from the pub, swinging my house keys (and a car keys) as I went to keep drinking with friends at their house. I refused to blow for the police when they stopped us whilst walking, because I was obviously drunk and got charged and convicted for "refusal to provide a breath specemin for analysis when required to do so by the law" with a 12 month ban, 250 fine, and 10 years on my licence (technically 11 until it came off).
I took the optional court recommended drink driving course, which reduces the ban time by 1/4 and thats where I'm basing my opinion that you don't even need to be in driver's seat or have the engine running in the UK for drink driving
I wouldn't even risk trying to sleep in the back with the keys in the tyres. Just not worth it. Especially not in December when they ramp up effort to make dd arrests.
I got a DUI in Arizona in 1998 for sleeping in the back seat of my car, keys not in the ignition. There is still a hold on me getting a Colorado license as of 2019 because I have not gone back to clear it up. Been driving without a license since.
I got a dui also in Norton Massachusetts.
I wasn't in the vehicle at the time they approached and they charged me with DUI. no field sobriety test no breathalyzer because I wouldn't give one. Although they tried and of course they charged me anyway and as retaliation for not doing the test they hit me with the vehicle being stolen it wasn't, and possession of burglary tools there wasn't. Just a tool box in the bed of said truck. and a Firearm. I was able to get the firearm s*** dropped and they try to put me in jail for 8 years I'd beat that f****** case really easy. Because I didn't give them any evidence by giving or submitting to those field sobriety test I made them try to prove that I was drunk that day and they couldn't do it but somehow they still able to suspend my license and I got this big ass fine so I've been driving without a license since 2002. Lol "FTP"😀
NWA BABY FUCK THE PO LEESE
Keep your keys out of the ignition and crawl into the back seat.
That's what I was told years ago when I was sleeping in my car across the street from the party I was at. I was drunk and not about to drive home. The cop told me he COULD arrest me for DWI for BEING IN A POSITION TO DRIVE, even though he didn't SEE me drive. I took his advice and crawled into the back seat. He said he'd check back in a few hours. If I was gone, I'd be arrested for DWI.
Police ignorance is expected because they hire from the bottom of the barrel.
Law enforcement prides themselves on hiring low IQ individuals, so much so that they even went to court and fought for the right to only hire dummies.
That is a requirement our police in Corrales, NM say required a diploma, GED, or equivalent. What the heck is an equivalent? Criminal history is likely to be a bottom of the barrell they draw from. Former, or experienced thief would be preferred. They protect the Administrator w burglar tools found in his car and Put witnesses in psych units kidnapping, to prevent their testimony of citing the thieves who stole their property. 60 thefts in 7 month period town of 7500 not investigated. Why not? Why closed meeting for victims? Secret emails withheld from citizens.
That makes sense, a witness saw him drive up to the place.
In my state it’s common. Because there is a federal per se amount of alcohol and the car is in a public roadway.
I have seen the arrests where the car is parked in a privately owned parking lot that is open to the public, but those arrests aren’t challenged.
I also would like to see a challenge on a parked dwi where it’s for drugs because there is no per se, and no visible driving impairment
In the YOOL 2021, why does this look like this was recorded with VHS?
YOOL? Really? Who talks like that?
Analogue recording may be a requirement because its more difficult to alter.
@@johngalt97 It’s being digitally recorded. The reason is that it’s paid for. Probably 20 years old, but still works, so why pay to replace it. The only requirement is to record audio. Video is a bonus.
It is Kentucky.
Why do you need courtroom video in 4k tho
If the keys are present, you are a potential DUI. The law is clear on this in most states. As a passenger that's a different thing but also could result in a DUI depending on vehicle ownership and access to keys.
They try and give DUIs to people sitting in the passenger seats of cars that belong to other people because they went outside to sit in the car of the person that drove them to where they are a bar or where ever.
Quite frankly, that makes no sense. Going outside is not driving. Sitting in the passenger seat is not driving.
It’s funny how cops are so nicely behave when there are in court but on Traffic stop there so aggressive some time is in so dam
The term driving implies motion, an action verb. Sitting in the vehicle is just that sitting. Now, it doesn't mean he didn't drive the vehicle to get to a destination, but how can he be driving under the influence if he's sitting on the vehicle.
That's like arresting a kid for behind the wheel of a started car, and cite them for driving without a license.
I learned in DUI school to always put the keys outside of the car
Why do people always think they have to call the police for the dumbest shit?
Because we are not allowed to shoot them.
Drunk driving isnt dumb shit
I LOVE YOUR VIDEOS THANK YOU FOR ALL YOUR USEFUL VIDEOS ❤
So what was the outcome of this? That's the whole reason we watched the video.
Same here, disappointing 😞
This is why you put your keys in your dash lock your vehicle and sleep in the back seat that way 1 the keys are out of your posession 2 your out of the driver seat and 3 its parked and locked
Keys have to be 'not readily available'. State will argue that if you're drunk you might start the car for heat and then forget you're not supposed to be driving and take off. Keys would have to be in the trunk, or something like that, definitely not in a pocket.
Nice of her to call the Police. Always a Karen around, to watch out for you. 3 years after the incident she is still testifying. Karen’s never want to get people in trouble.
Said no one…..ever!! Btw- as a separate point, in my young childhood, I had an invisible friend who was named KAREN!!!!! My parents were trying to turn all their children into Karens, but I survived intact as ME!! They’re rolling in their graves now!! 🤪😂🤣
ok so what if you don;t call police and then he drives off and kills a pedestrian. Does the not-Karen then wish she had been a karen, having to live the rest of her life thinking about the time when she could have saved that persons life.
Sleaze balls they are
This happened to a friend of mine in the military. He promoted from Jr enlisted to NCO and the day he pinned on he went out to party at the e club. Got too drunk and decided not to drive. Couldn't find a ride so he walked to the billeting (base hotel). They didn't have any vacancy so he called his supervisor. Supervisor didn't answer because it was the middle of the night. Dude decided to sleep in his car but it was the dead of winter in Germany so he turned his car/heat on and fell asleep. Woke up while Security Forces was pulling him out of his car to arrest him. He started fighting because he had no idea what was happening. He was tossed in jail and had blood taken.
Luckily his commander was awesome and just had the charges tossed. Once the camera footage from the E club and cop car came out it was pretty clear that the guy was trying to do the right thing.
Did he go to sleep in the front driver seat ? I clearly wasn’t there or don’t know the full situation but if he had his car in the same location (at the club in the parking lot ) and he was as laying down in the back seat I don’t see the same outcome but ya never know
@@jmilz08 yes. He said he was sleeping in the driver's seat with the seat all the way back and all the way down. Technically DWI but his commander dropped all UCMJ charges after the footage was released. Didn't want to hem up his troop for doing the right thing under the circumstances.
@@perdedor3571 I missed the Footage part in your original post my apologies . Glad he had that to save him .
We have so many laws in this country most people break at least 1 law daily.
Your tax dollars hard at work, doesnt it make you proud.
From Spain
thanks for the content.. impressive material...
a running angine and lights on... is not a parked car...Good the cops arrived on time before he would have left.....
Just watching the guy.... when youre engine is running... you can drive dude...
If you fall asleep/pass out with keys in the ignition it's a dui/owi
This happened to me they say if the car running and your in the drivers seat your operating the vehicle
In Virginia keys in the ignition is all you need. Doesn't matter if the engine is running or not.
@@benjamingarlic6340 what about newer vehicles where there are no keys ? Mine is push start .
@@entreri76x that's an excellent question my dude. I wonder if the law has been updated or if that's a loophole that can get you out of it? Are the keys in the ignition technically if the little fob thing is in your pocket? I'll have to do some research definitely not a lawyer but you got me curious!
@@entreri76x great question
Same in Michigan.
As long as you're parked in a proper spot, car not running, there should be no issue at all with "sleeping one off" in your car. It's a responsible thing to do if you can't taxi/uber or find a ride.
you have to make sure the keys are not in ignition tho
What a joke court system. Should of taken no more than ten mins. Case dismissed.
NJ Supreme Court upheld similar case with a sleeping defendant.
Someone's sleeping, quick call the police to arrest him.
Umm, that obviously isn’t why she called the police. Keep in mind that this is in Kentucky, when you see an unresponsive person slumped over in their vehicle around here 95% of the time they’re in desperate need of medical attention
@@warrenmcelroy4718 she called 911 because he might need medical assistance. 911 then contacted police rather then any other group. Police are more likely to think of arresting someone rather then checking health.
@@jasonmschleyz no there is no truth to that at all, in a case like that the police are contacted and the police then make the judgement wether an ambulance or fire/emt service is needed. Now if she had said that the guy is slumped over, unresponsive and has blood all over his face then they would contact the police as well as an ambulance or fire/emt service. The police do a whole world of other things besides arresting people
Cop just ruin somebody's life. The man told him that his truck was broken down and he still arrest the guy with a DUI
happened to me in a small town in east TX> i didn't get arrested but they damn sure tried.
What do you know another officer bouncing around departments I'd love to see his disciplinary record
Only one thing missing and both didn't ask him was the truck running when the cop woke him
Even tho he said it didn't work it could be important
He said it wouldn't start when he came out of the gas station.
@@michaelwaninger3155
I know that part but I'm surprised the prosecutor didn't ask or his attorney just cause someone says it won't don't make it so and asking there's the chance to trip a guy up or clear him completely and makes the witnesses suspect a great way to toss the case
UA-cam lawyer. Up in here😅🤣🤣🤣🤣
Was he sleeping in the front drivers seat? They can then wake up a start driving after sleeping for a short time! It all depends on where he was in the car.
Does not matter in MN. Unless you have a sleeper.
This isn't the first time that WT hillbilly has been caught drunk in a car nor will it be the last. Let's hope he doesn't kill someone from your family the next time.
Good luck on your motion, Larry. I don't think it will be granted because your only witness is the defendant who by his own admission was intoxicated at the time and contradicts the timeline of the prosecution's witness. We should know by now yes? Even so, you've got these prosecutors scared. A simple objection got him all flustered. They aren't used to facing competent and passionate fighters. You can tell they are used to cutting deals with scum-bag lawyers to get loads of convictions. I love it. You are the best thing to happen to legal defense in my lifetime. (AND THE CIVIL RIGHTS LAWYER!) can't leave him out
In Texas if your keys are in the ignition you are considerate operating the vehicle or having intent to operate. It doesn't matter if the car is running or not, it doesn't matter if you're sleeping or not, if you're drunk and those keys are in the ignition you can get a DUI.
In Virginia if the keys are on your person or within the cab of the vehicle you are considered to in operation of the vehicle.
Nothing better than living in a small community !!!
In some States, if you are sleeping in your car and you are in the driver's seat, you can be charged with DUI.
I think I watched every case lol, need some more content DUI GUY
Here n the UK, you can't sleep it off in a car UNLESS you deposit your keys with someone else first. You will be arrested for being Drunk in Charge of a Motor Vehicle. So, technically, you could be asleep on 1 side of town with your car key in your vicinity and your car be in a garage the other side of town. However, the law here is not an ass on this example, you won't be charged unless in the vehicle or clearly attempting to get into the vehicle.
My car was broke down off the road keys in glove box. I was asleep with a real blanket and pillow. Fone was dead & out in the country. I drank some beer before I went to sleep. Open container got dropped but DUI stuck. Never seen me drive and was there fit 6hrs waiting for help.
Keep Pressing!!!
There you have it counselor prosecutor is hoping you don't know the law
Also prosecutors are elected and do not have to be a lawyer or judge if they are sleazy god help us
I have had this happen to me in PA. However, in PA the cops did their jobs and made me get a ride home and get rhe vehicle the next day. I was drunk but was not driving so they had nothing on me. Its nit lawful to arrest someone for a crime they didn't commit. The State Police officer knew that and ultimately let me to with out charges being brought.
The fact that the DA even brought the case before the court attests to the corruption in our legal system. Why did this judge ask the prosecution what date they want, first? So the judge automatically sides with the DA? Its sickening to be honest and these cops, judges and District attorneys have ruined far too many peoples lives just to better their own. Its immoral and scandalous.
(( Miss Clark gives a very detailed account to the prosecution about the man arriving to her store right before closing time ))
Defense lawyer @ 7:46 - Miss Clark, you stated that the truck arrived shortly before closing time. That is your recollection.
Clark: Correct.
Lawyer: What color was the truck?
Clark: Oh Lord. Blue I think. I can't remember. It's been 3 years ago
(( awkward 8 seconds of silence ))
Why does this strike you as unusual? A dark color vehicle in the middle of the night.... which has nothing to do with the case...
Why would she make a mental note of the color of the car? It's irrelevant. It's CRAZY that people hate cops so much they'll support an obviously drunk driver... Lets pray that none of these morons friends/family are the victim of a drunk driver.
@@surveysays8335 - This is sarcasm, right?
@@finisher3x No...she had no reason to take note of the color of a truck... Why does it matter? Are you arguing she mistook this truck for another? Because that's the only logical explanation for this... Any lawyer worth their salt would understand this is a poor attempt to discredit the witness.. She was never testifying about the things she didn't know... she was a witness as to what was going on in the parking lot... which was simply a truck pulled up 20 minutes before they closed, and the occupant never entered the store... If you want to argue that something in her testimony is wrong... then do that...Anything else is just an attempt to misdirect someone...
The defense is that he pulled into the parking lot and got drunk there... He wasn't already drunk... which, I think any jury will see though..
@@surveysays8335 sadly I'm missing any video evidence. I would think that the gas station had several camera's running. Including from the inside facing the entrance.
And there is a discrepancy in the statements between the driver and the cashier. He said he went in for a phone and sigaretes. She said he never came in. And I am missing some evidence about his helpers. Did the lawyer file an avidvid from them that he called for help? That would go a long way into his version of events. Talk about how the car got removed from the premises. Where it was taken etc. He said a garage looked at it and reported about what all was wrong. When was that. Also, I'm pretty sure that even without keys in the contact, brake lights would light up when the paddle is pressed. So many bits of information missing here.
But let's be clear... Having a drink in a car, even if the car is brokendown, and staying in the car (in the driver's seat even) is not the smartest thing to do.
🥴😂😂😂👌🏾
You can still get DUI in a parked car (that is working by not running). Wonder if there is any case law for a disabled vehicle.
Isnt having open containers of alcohol illegal in the vehicle? How did he drink it in the truck without opening it is what i want to know.
Don't you have to be on the road for such a charge?
@@firstman9273 If that was the case, then you could get drunk in a mall car park, run someone down and not get charged with DUI? I doubt it. Drunk in charge of a vehicle can be applied wherever I think? Could police arrest a farmer for driving a tractor drunk on his own farm, not sure...
I was interested, so went and had a quick Google: Apparently, yes you can get charged with DUI on your own land. Even if you are on a horse...
@@Ironbuket Not in the UK you can't, but I agree in any public place you can.
@@firstman9273 Not in the UK?
'Pursuant to Section 12 of the Licensing Act 1872, it is also an offence to be riding a cycle or to be in charge of any carriage, horse or cattle when drunk. Note, that it needs to be established that the Defendant is "drunk" not merely effected by alcohol.'
'Robin Milner, of Sherburn in Elmet, North Yorkshire, was arrested on 30 July. The 49-year-old was driving his horse near the Swan Hotel in Low Street, South Milford, at around 8pm. At York Magistrates’ Court on 18 August, Milner admitted to the charge of being drunk while in charge of a horse and cart, contrary to section 12 of the licensing act of 1871. Milner was ordered to pay a total of £105 - £85 of prosecution costs and a £20 victim surcharge.'
NB: Not sure why one said 1871 and the other 1872
In regard to the private land aspect:
'You can (but shouldn't) be in charge of a vehicle on private land IF the public have not got access, by which they mean legal access so footpaths/bridle ways etc running through land (if you were driving through your own field for example) so with that, car parks to pubs, hotels etc even if private, still allow access'
This would imply that even in the UK, you could be charged with DUI on private land as long as the public have access to it. I guess that means that and drunk driving would have to be done behind a locked gate or something else to prevent any member of public having access. If the guy delivering your post can get there with his van, then you cant drunk drive in those areas.
@@Ironbuket which is what I said, "Not in the UK you can't but in any public place, you can"
which is any place to which the public have a right of access.
“Did you reference the clock?” … Do you mean “Did you look at the clock?” ?
Why are court cams so blurry?
My best guess is so that they can store as much footage as possible for as little space as needed
@@tehotter9780 yes that makes sense
Because Justice is blind.
Here in Michigan if you are behind the wheel, sleeping or drunk. They'll get you on dui.
NYS as well!
Fireball??!! Fireball?!!??!! Man needs to go to jail just for drinking that shit!!!
And here I thought the guy was sleeping in bed in his house. Was wondering how that was going to go over with a judge. Don't laugh to hard it may happen or may already have happened.
You should come to Canada where the RCMP were recently granted powers to arrest you for DUI up to two hours after you stopped driving. You can drive home sober, get hammered, and the cops can bust into your house and arrest you for DUI.