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Could I have gotten a ticket ?

The other day I went with 2 friends to have a drink ....I had 2 shots of CC

BUT a while before we left I had gotten over a migraine
So I had taken some Vicodin and a migraine pills

Well while drinking the 2 shot , it hit me
I felt like I had drank 1/2 the bottle

So I went out to my freinds SUV and covered up with a sleeping bag he keeps in there
Reclined the pasenger seat back and fell asleep

A little while later a local Cop nocked on the window asking if I was OK

We talked for a few min and he left

But later I got to thinking , I had the keys in my pocket

If he had been a prick
Could he have writen me up for DWI ??
As I would have failed a feild drunk test ( I could barely walk , let alone in a straight line ) even if I was in the passenger seat ?

I just am wondering
As I now know I will have to watch drinking and the stuff I take for migrains
As they don't seem to mix well

John
 

at1010

*Supporting Member*
4,943
139
I think they'd have had to been in the ignition. Not sure tho! Happy you didn't get fugged
 
Depends on the state. If you were in Washington State simply being in your vehicle with the keys in your possession can get you a control DUI. But Washington is really hard on DUIs. If you want to be on the safe side disconnect the battery cable.
 

xbowguy

Dignitary Member
Supporting Member
29,629
234
Licking Co. Ohio
I have heard it was 30 feet from the vehicle with the keys. Always meant to ask an Officer this question and have not as of yet.
 

Quantum673

Black Hat Cajun
Supporting Member
I was told once by a cop that if the keys are within arms reach then you are subject to a DUI. Not sure if he was full of shit or not. The example we were talking about though was if you are in the drivers seat. Not sure how being in the passenger seat changes things.

disclaimer: He could have been feeding me a line of shit TOO.
 

hickslawns

Dignitary Member
Supporting Member
39,720
248
Ohio
I don't know. Just wanted to give you props for doing what was right. You recognized it affected you. You didn't drive. So simple. Yet, so many people don't get it. Good for you John.
 

"J"

Git Off My Lawn
Supporting Member
56,735
274
North Carolina
You ask 10 different cops you'll get 10 different answers on this one.... If the keys are in the ignition or on your person then you can be charged according too my source.... But it boils down too the officer.... Bad day you'll get busted good day you'll get lectured....
 

Redhunter1012

Senior Member
Supporting Member
You ask 10 different cops you'll get 10 different answers on this one.... If the keys are in the ignition or on your person then you can be charged according too my source.... But it boils down too the officer.... Bad day you'll get busted good day you'll get lectured....
Yep. Keys on person in vehicle, you are in physical control under the influence. My buddy's usually try and find a ride home for the person unless they already have priors, which means they are probably gonna drive when they wake up
 

Buckmaster

Senior Member
14,362
191
Portage
I'd say if you were in the driver's seat you could have been in trouble. That or keys in the ignition and especially if the car was running.

My neighbor at camp got one a few years back.

The scenario went like this......Drove home drunk, passed out at the wheel (in his own forelawn), truck still running in Park, parked along berm of road in front of his house because he missed his driveway.

A few feet further to go to freedom but he spent the night in the clink when Mr. Sheriff tapped on his truck window and woke his a$$ up. He then lost his job as a truck driver for Coke Cola for his DUI offense.
 
Johnch,
I would call an O.S.P. post and ask for an Ohio Revised Code reference, to this particular issue. DO NOT reference yourself, at anytime. Ask in REFERENCE to the situation, for an official answer. There has to be an ORC or OAC code violation to get a written citation.

I read as much as I could of the ORC 4511, but most of its' references are directed toward actual operation of a motor vehicle.

I hunting buddy of mine got a hefty fine, while parked in a gas station, the engine was off and he was very drunk. The keys were in the ignition. He said the Deputy said that the keys have to be, "Out of reach of the driver." To me, this would be in the trunk, on top of the engine under the hood, etc. Again, I would ask for a legal reference from an officer that could be writing the citation.

Knowledge is power!

Bowhunter57
 

Joel

Senior Member
3,049
113
Centerburg, Ohio
I would not call the police for legal opinions. They are not attorneys and they are wrong all the time. Besides that, it's not their job to take calls and look up the ORC for you.
 

giles

Cull buck specialist
Supporting Member
"Intent to drive" is what they call it. If they can prove that you had intent to drive, you could of been in trouble.

Genoa area is pretty good about not being total clowns as long as you don't go near Woodville!
 
Genoa area is pretty good about not being total clowns as long as you don't go near Woodville!

I was in Oregon ....so I am not sure about them

But Genoa has a interesting officer
I was pulled over and chewed out for driving 38 mph ( he says ) in a 35 mph zone
So Woodville dosn't have the corner on the them ....just a bunch of speed traps LOL

John