Bob Martin wrote in news:dihsgo$aot$1@news-
int.gatech.edu:

George Patterson wrote:
sfb wrote:

Under the influence is objective and much easier to prove than
careless operation which is subjective. If the penalties are
comparable, the prosecutor always goes for the easiest to prove.


The problem with that is that the regs forbid the act of *flying* the
plane while under the influence. The FAA attempted to apply those
regulations to the act of taxiing the plane.

Well, if they can give you DUI for sitting in your car, in your
driveway, listening to your radio while drunk, they can certainly get
you for that. Incident I refer to was an arrest by a former police
officer I worked with a couple years ago. Case was upheld, apparently.

Since he was listening to the radio, the keys were in the ignition.
That's what made it DUI.

I once had a lengthy conversation with a night desk officer regarding
drunk driving. I had gotten tapped by a drunk driver at a red light
but he sped off before I could get him out of the car and/or snag his
keys.

I learned that the defining line for DUI in a car is if the keys are
in the ignition. The officer used a story like what you related as an
example.

I also learned that even though I had three witnesses in addition to
my testimony, that because an officer did not witness the incident
and did not witness the offender drunk in the car, they could do
nothing. Even if officers paid the guy a visit at home and I
identified him as the perp, if he denied it, he was off the hook.

Not having any vehicular damage made a difference as well. If there
was damage, then they might have gotten him on hit & run.

Also, it was explained that if I were to try a citizens arrest, even
if the guy was in fact drunk, I could be sued by him for violation of
his civil rights.

What I really learned from all this was that if someone taps me again
and they're drunk, I'm gonna chase them down and beat the **** of
them, and their car.

Sorry for the OT ramble.

Brian
--
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