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Ok, I have a question for you guys.
Say a guy is drinking and gets really smashed at a bar and decides he wants to leave. He walks out and decides he is way too drunk to drive home, so he decides to lie down in his car wait to sober up. He gets cold while being in the car and decides to turn the car on to warm up, all the while with no intention of actually moving the car anywhere. While waiting, he falls asleep with the car still running. A little while later, a police officer knocks on his door, tests him and books him with a DUI.
Do you think that this is fair? The guy was not actually driving the car and says he had no plans to.
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Absolutely fair. If you're drunk - you should be nowhere near a vehicle, unless there is somone sober in the operators seat. As for what happened to your neighbour - good on the cop for arresting his drunk ass. Do you expect a cop to BELIEVE a drunk when he says that he's not planning on driving anywere? I sure as hell wouldn't - what would happen if your neighbour, after the cop left, decided to go get some munchies from the corner store, and ran over some child?
How do you not get this through your head?
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Ok, what if he was sleeping in the back seat?
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Fine, why was he in the car in the first place? What happens if for some reason your drunk friend decides to drive somewhere because he thinks that he's sobered up enough?
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What if that car was a van where the shift knob is unreachable from the back seat?
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It doesn't matter - he should'nt be in the vehicle alone PERIOD.
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What if the car is off, the man is in the back seat drunk and the keys are in the glove box?
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He's still in the car, and intoxicated. Thus DUI is deserved.
Jam it back in, in the dark.