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Northville man can be charged with DUI for drunken driving in own driveway (Supreme Court Update)
Click on Detroit ^ | 07/25/2017 | By Mara MacDonald - Reporter , Derick Hutchinson

Posted on 07/26/2017 8:54:09 AM PDT by Responsibility2nd

NORTHVILLE, Mich. - The Michigan Supreme Court ruled Tuesday that sitting in a car in your own driveway while drunk constitutes drunken driving.

A Northville man questioned whether he could be ticketed for a DUI in his own driveway after he was found behind the wheel and going in and out of his garage, but not off his property.

The driveway DUI case had been ping ponging between courts and finally ended up in front of the Michigan Supreme Court for a final decision. At issue was a Northville man busted for being drunk and driving in and out of his garage on his own property.

Police were called to the man's home on noise complaints and watched him. They later found his blood-alcohol level to be three times the legal limit.

The court ruled that, yes, the man can be given a DUI in his own driveway.

What the justices had to answer was whether the driveway was generally accessible to other motor vehicles. They overruled a lower court's opinion and said yes.


TOPICS: Crime/Corruption; Government; News/Current Events; US: Michigan
KEYWORDS: driveway; dui
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FReeper thread giving the backstory...

 

Michigan Supreme Court to decide if idling in driveway is drunken driving
Fox 2 Detroit ^ | APR 25 2017

Posted on ‎4‎/‎25‎/‎2017‎ ‎5‎:‎10‎:‎22‎ ‎PM by equaviator

Does a home driveway qualify for drunken driving? The Michigan Supreme Court is on the road Tuesday to hear arguments in the case of an Oakland County man who was arrested after operating his Cadillac in his driveway.

 

more....

152 replies.....

1 posted on 07/26/2017 8:54:09 AM PDT by Responsibility2nd
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To: Responsibility2nd

How do you get charged for DUI when you’re not driving??


2 posted on 07/26/2017 8:56:53 AM PDT by WKUHilltopper (WKU 2016 Boca Raton Bowl Champions)
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To: Responsibility2nd

Not unless you are on a public roadway.


3 posted on 07/26/2017 8:57:11 AM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here Of Citizen Parents - Know Islam, No Peace -No Islam, Know Peace)
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To: Responsibility2nd

Yeah, another case of government answering the ‘why are you doing this?’ question with ‘because we can.’


4 posted on 07/26/2017 8:58:38 AM PDT by Quality_Not_Quantity (If we're going to look at nature to justify our actions, then I say let's start flinging poop around)
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To: Responsibility2nd

[[What the justices had to answer was whether the driveway was generally accessible to other motor vehicles. They overruled a lower court’s opinion and said yes.]]

So the state pays all the taxes on this man’s driveway? The state owns the driveway making it a public road?


5 posted on 07/26/2017 8:58:50 AM PDT by Bob434
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To: Responsibility2nd

The police fight crime 10% of the time the rest of the time they are revenue agents.

Might I suggest sobriety check points on golf courses, a lot of rich folks there. just think of the bribes to be had.


6 posted on 07/26/2017 8:58:55 AM PDT by fella ("As it was before Noah so shall it be again,")
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To: Responsibility2nd

The police have no jurisdiction to issue that citation on private property, that’s like giving the guy a ticket for driving a car with no license and registration in his driveway.


7 posted on 07/26/2017 8:59:46 AM PDT by RegulatorCountry
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To: Responsibility2nd

Of course he can be charged now that they have eliminated that pesky 4th amendment.

And it’s not his property anyway, he just rents it from the government. It can be taken from him anytime if he stops paying rent (property taxes)


8 posted on 07/26/2017 9:00:11 AM PDT by ChildOfThe60s ("If you can remember the 60s........you weren't really there")
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To: Responsibility2nd

“What the justices had to answer was whether the driveway was generally accessible to other motor vehicles.”

That can be a very slippery slope.


9 posted on 07/26/2017 9:00:54 AM PDT by lacrew
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To: Responsibility2nd

Well, maybe he can be charged. Good luck finding the law that will stick.

Laws are very binary. If they are not, they are not constitutional. Th cops only have jurisdiction on public roadways.

You can sit in your driveway in an idling car with tabs that expired 10 years ago. You do not violate the law until your tires touch the street.

Same thing here.


10 posted on 07/26/2017 9:01:02 AM PDT by robroys woman
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To: Responsibility2nd
They had a landmark case here in New Jersey a few years ago that was even more outlandish than this. It involved an employee of an ice rink who was charged with DUI for driving drunk on the job.

He was arrested while driving the Zamboni erratically around the rink. Seriously. LMAO.

The state Supreme Court ruled that he couldn't be charged with drunk driving under those circumstances.

11 posted on 07/26/2017 9:01:27 AM PDT by Alberta's Child ("I was elected to represent the citizens of Pittsburgh, not Paris." -- President Trump, 6/1/2017)
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To: WKUHilltopper

Easy, here in Florida.

You can get a DUI for just being in the car, parked, keys not in the ignition, passed out drunk......................


12 posted on 07/26/2017 9:02:17 AM PDT by Red Badger (Road Rage lasts 5 minutes. Road Rash lasts 5 months!.....................)
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To: Responsibility2nd

Is there any religious cult up in Mi that doesn’t like alcohol?


13 posted on 07/26/2017 9:02:45 AM PDT by Leep (Less talk more ACTiON!)
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To: WKUHilltopper

“What the justices had to answer was whether the driveway was generally accessible to other motor vehicles. They overruled a lower court’s opinion and said yes.”

Note to self. When I start driving drunk in my own driveway, I will need to put in a gate so it isn’t “accessible to other vehicles.” It’s like here in CA, unless your property is completely fenced, you cannot legally carry a firearm on your own property, and if you shoot an intruder out there, you will be charged since “it’s accessible to the public!”


14 posted on 07/26/2017 9:03:42 AM PDT by vette6387
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To: robroys woman
You can sit in your driveway in an idling car with tabs that expired 10 years ago.

Tab sucks even when it's fresh, much less 10 years old...................

15 posted on 07/26/2017 9:03:53 AM PDT by Red Badger (Road Rage lasts 5 minutes. Road Rash lasts 5 months!.....................)
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To: WKUHilltopper
"How do you get charged for DUI when you’re not driving??"

In most states the statute prohibits "operating" the motor vehicle while intoxicated. Some states have cases on the books where farmers driving their combines in their own fields while drunk have been charged with OWI.

16 posted on 07/26/2017 9:04:15 AM PDT by circlecity
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To: WKUHilltopper

Not sure about Michigan, but in some states DUI laws are worded to the effect of, “operated or attempted to operate a motor vehicle while under the influence.” The rationale is that if somebody stumbles out of a bar in an extreme state of intoxication and his having difficulty even getting his key in the ignition, you don’t have to wait until they put the car in motion and endager other people. The downside is that if somebody knows they’re too drunk to drive after the bar closes, they can’t run their heater and try to stay warm in the parking lot until they’re sober enough to drive.


17 posted on 07/26/2017 9:04:52 AM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
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To: Responsibility2nd

Where I live you can be charged if asleep in a park drunk if you have access to keys

No sleeping it off allowed

It’s money for the state and local and vehicle confiscation and homage to MAAD zealots

You can also be charged if drunk in a car with drunk driving


18 posted on 07/26/2017 9:06:05 AM PDT by wardaddy (Virtue signalers should be shot...conservative ones racked and hanged then fed to dogs)
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To: Lurkinanloomin

Not unless you are on a public roadway.

________________________________

Nope. Courts have long ruled that parking lots (also private property) qualify for DUI charges.

It was only a mater of time before your own personal driveway is now considered a “public” property.

So here we are.


19 posted on 07/26/2017 9:06:19 AM PDT by Responsibility2nd
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To: Alberta's Child

One wonders can you get a DUI on one of those hoveround or Rascal scooters that do 2mph?


20 posted on 07/26/2017 9:06:49 AM PDT by Blue Highway
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