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1) I work in Cambridge. The commute from MetroWest sucks. The commute from NH would suck harder.Move to NH and avoid the whole problem!
If you are asleep, you aren't controlling anything.
Actually... I'm pretty good at controlling my bladder while asleep. Sorry... I know... I'm an idiot.
But the truth is clear.
Actually... I'm pretty good at controlling my bladder while asleep. Sorry... I know... I'm an idiot.
But the truth is clear.
Sez the man in New Hampshire with no kids...
I have a child and she knows exactly what this is and what not to do with it:
When you are awake, carry on your person. That is under your control. If you refuse to store your firearm as required by law and this situation occurs YOU will be prosecuted. It sucks, it's ridiculous, but this is MA. The firearms laws suck.
AT LEAST have a storage safe in your room, and have the good sense to open it before the police show up. That way you can show them that you were following the law. They don't know if you really had the firearm loose on your bedstand as long as you can show them an open safe. If you're in your boxers and t-shirt with your hair all screwed up you can't expect them to believe you had the firearm under your control. and NO it isn't under your control if you're sleeping. If you're behind the wheel of your car with your seat belt on, is it under your control if you're asleep? Nope. Neither is your firearm.
Actually if you are in your car, keys in pocket, and you fall asleep in the parking lot of a bar, and you fail a sobriety test upon being woken up. You will be arrested because you are considered to have control of the car.... So why should being sober and asleep in your own bed be different. Just because they want to bag you for DUI?
Actually if you are in your car, keys in pocket, and you fall asleep in the parking lot of a bar, and you fail a sobriety test upon being woken up. You will be arrested because you are considered to have control of the car.... So why should being sober and asleep in your own bed be different. Just because they want to bag you for DUI?
Mike, yes they do arrest, prosecute and convict for OUI if they find someone drunk in a car, even if the person didn't attempt to start it.
Sorry, but you are completely wrong.
Under the facts you've posted, the police officer would have absolutely no probable cause to arrest for OUI, because he had no proof of operation, let alone operation under the influence.
...The vehicle is found on the shoulder of a roadway off. The operator is DUI inside with the vehicle not running and the keys out. ...
What's right is not necessarily what happens these days. I suspect that in most police agencies these days, if they find someone in that situation policy is that they must arrest.Nobody has ever left a party and "slept it off" down the street near the house, with the car "on the shoulder" of the road?
I find this exact situation FAR PREFERABLE to the alternative, and imagine most police would as well.
Sorry, but you are completely wrong.
Under the facts you've posted, the police officer would have absolutely no probable cause to arrest for OUI, because he had no proof of operation, let alone operation under the influence.
It would only be considered operation if the kcar's key were in the ignition.
Please don't perpetrate a myth about the law of OUI in our state.
Darius Arbabi
Nobody has ever left a party and "slept it off" down the street near the house, with the car "on the shoulder" of the road?
I find this exact situation FAR PREFERABLE to the alternative, and imagine most police would as well.
The bar parking lot could be hard to prove as a "public way." So even if you were driving drunk in a the private parking lot, a good lawyer might get you out of it.Though finding someone asleep in a bar parking lot should not be OUI.
In this situation, the only way to get down the street in your car is to drive it, which is an OUI. Though finding someone asleep in a bar parking lot should not be OUI.
Unless the bedstand is next to the car in the bar parking lot, I have a request . . .