I need to put a disclaimer in my sig I think. I'm only familiar with Ohio laws so somewhere else probably will be different and considering how localities can stack their own ordinances on top of state laws (as long as they don't contradict) it could mean what I say is not true somewhere else.
But as far as I know in the state of Ohio to be DUI/DWI the car either has to be in motion under your "control" or there have to have been eyewitnesses that you where just driving the car. (Ie you pull over and swap with a sober friend then you're still tagged if the officer can proove it with eyewitness reports or other things) just being in the car drunk while not going to be dui/dwi can get you a public intoxication or open container depending on the situation.
In Ohio if you just have an open container (defined as any nonsealed item capable of holding a liquid including cups, bottles and shoes) of alcohol you can get ticketed and fined because the officer has no way of knowing that you wheren't drinking or if you where going to be drinking from it. AFAIK it doesnt matter if you or your friend has the beer in his hand just so lojng as it is in the passenger area of the vehicle.
Public intoxication is the being drunk in public charge and can get you anythign from a ticket and fine to jail time and several thigns in between,depending on how badly behaved you are.
And of course for those winners there is nothign keeping an officer from stacking all three of those charges together.
Yeah that sounds like a power trip to me too. I hate it when cops go bad or behave sucky too. It gives a bad name to all the good ones out there.
Sorry for going off tangent like this.
But as far as I know in the state of Ohio to be DUI/DWI the car either has to be in motion under your "control" or there have to have been eyewitnesses that you where just driving the car. (Ie you pull over and swap with a sober friend then you're still tagged if the officer can proove it with eyewitness reports or other things) just being in the car drunk while not going to be dui/dwi can get you a public intoxication or open container depending on the situation.
In Ohio if you just have an open container (defined as any nonsealed item capable of holding a liquid including cups, bottles and shoes) of alcohol you can get ticketed and fined because the officer has no way of knowing that you wheren't drinking or if you where going to be drinking from it. AFAIK it doesnt matter if you or your friend has the beer in his hand just so lojng as it is in the passenger area of the vehicle.
Public intoxication is the being drunk in public charge and can get you anythign from a ticket and fine to jail time and several thigns in between,depending on how badly behaved you are.
And of course for those winners there is nothign keeping an officer from stacking all three of those charges together.
symposes said: My stepmom asked about it. And was told, by the cop that did it, that just being drunk and in the vehicle was all he needed to give a DUI, EVEN IF THEY ARE A PASSENGER IN A CAB...
Not a lazy cop, but a power trip none the less.
Not a lazy cop, but a power trip none the less.
Sorry for going off tangent like this.
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