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Police Shooting USA. Rayshard Brooks.
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castletownman wrote: »For DUI, which the cop calmly tells him before handcuffing him. You know it was for that so stop trying to say otherwise.
depends on the state law, have a read of this...
https://dui.drivinglaws.org/resource...ile-drunk.html
Can I Get a DUI for Sitting in a Parked Car While Drunk?
The DUI laws of many states apply if you were in "actual physical control" of a vehicle—even if you weren’t actually driving.
By Joshua Egan
Do you have pending DUI charges?
Driving under the influence of alcohol or drugs is illegal in every state. But what if you get caught drunk behind the wheel of a parked car? It surprises many drivers (especially those who pull over to "sleep it off") to learn that the DUI laws of most states also prohibit drivers from "operating" or being in "actual physical control" of a car while under the influence. In other words, you can get a DUI without actually driving.
Operating or in Actual Physical Control
In states that don’t require actual driving for a DUI conviction, the prosecution still needs to prove the motorist was operating or in actual physical control of a vehicle. (Learn about all the elements of a DUI that the prosecution has to prove.)
State laws differ, but most states require juries to look at the "totality of the circumstances" to determine whether the drunk motorist was operating or in actual physical control of the vehicle. In other words, the jury is supposed to consider all the surrounding circumstances. These often include the:
location of the driver
location of the car
location of the keys
whether the car’s engine was running, and
whether the driver was awake or asleep.
Basically, a jury will be asked to decide whether the motorist was close enough to being able to set the car in motion that it presented a danger to the public.
Location of the Driver
A driver’s physical proximity to the vehicle—more specifically, the ignition of the vehicle—is an important consideration in determining whether the driver was operating or in actual physical control. The closer the driver was to being able to start up the car, the more likely the jury is to convict. So, for instance, the chances of conviction are higher for a motorist who was in the driver’s seat than a motorist who was asleep in the backseat.
Location of the Car
Car location is another key factor juries consider. If you were parked in your own driveway, you might escape responsibility. But a jury isn’t likely to be sympathetic to a motorist found parked in the middle of a roadway or on a sidewalk downtown. Basically, the car's location gives the jury an indication of whether the person was driving before police showed up and how much of a risk the person posed to the public.
Location of the Keys
Most cars require keys to start the engine. So, the location of the keys is important for assessing whether the driver was operating or in actual physical control of the vehicle. If the driver didn't have keys readily accessible, a jury might be unwilling to convict. But a driver who had the keys within reach or in the ignition won’t likely fare well with this issue at trial.
Whether the Car’s Engine Was Running
Being caught with the car engine running generally hurts a motorist’s chances of beating a DUI charge. With the engine running, the motorist is just a step away from putting the car in gear and driving away. However, other circumstances, including the driver's location, might also come into play here. For example, a motorist who was found asleep in the back seat on a cold night might be able to convince a jury that it was necessary to keep the engine running for heating the interior of the car.
Whether the Driver Was Awake or Asleep
Some states have a bright-line rule that says a driver must be awake to be operating or in actual physical control of a vehicle. But in most states, whether a driver was awake or asleep is just another factor for the jury to consider in looking at the overall situation.Yep exactly you have nothing to back up your claims
Neither do you
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Also he wasn't just sleeping in his car like some people in here are saying he was.
He was passed out in his par and blocking the drive thru, so it was 100% justified for the Wendy's staff to call the police. The staff in Wendy's are paid like **** so do you think they will put themselves in danger to argue with a drunk? it's safer for them to call the police
What the difference between being asleep and being passed out
How could one tell from inside a Wendys or outside a car?0 -
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BorneTobyWilde wrote: »What bull, he was parked. Said he'd happily walk home, but they kept pushing and pushing. Determined to harass him and arrest him for no reason.
If he was dropped off to collect car like he said and then wanted to sleep it off what crime is that. When he offered to leave car there, they could have agreed, and even offered him a lift home. DE-ESCALATION !! But no cops love to ESCALATE all the time.
He was parked in the drive thru so he obviously drove the car somewhat for it to end up in the drive thru....that is a clear cut DUI and you expect the police to allow to him to just walk home after drinking and driving??
https://edition.cnn.com/2020/06/13/us/atlanta-police-shooting-wendys/index.html
"The incident began with a call to police at 10:33 p.m. Friday about a man sleeping in a parked vehicle in the restaurant's drive-thru lane""0 -
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He was parked in the drive thru so he obviously drove the car somewhat for it to end up in the drive thru....that is a clear cut DUI and you expect the police to allow to him to just walk home after drinking and driving??
https://edition.cnn.com/2020/06/13/us/atlanta-police-shooting-wendys/index.html
"The incident began with a call to police at 10:33 p.m. Friday about a man sleeping in a parked vehicle in the restaurant's drive-thru lane""
Besides the point. You never shoot to kill a person just for running away, you chase, and if you can't catch him pick him up at his home following day.0 -
He was parked in the drive thru so he obviously drove the car somewhat for it to end up in the drive thru....that is a clear cut DUI and you expect the police to allow to him to just walk home after drinking and driving??
https://edition.cnn.com/2020/06/13/us/atlanta-police-shooting-wendys/index.html
"The incident began with a call to police at 10:33 p.m. Friday about a man sleeping in a parked vehicle in the restaurant's drive-thru lane""
From that very link...
"The eyewitness told CNN that by the time they arrived on the scene, Brooks' car was parked in a parking spot"
I think we need to know who moved it? Was it the victim who moved it or Wendys staff, who?0 -
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