DUI on Private Property in MO

[cookpd_2000]

I was at a bar for quite a while and noticed two officers standing in the back of the bar. After they left, I proceeded to move my car in the parking lot to the back of the building for safety of the car. When I pulled back out of the parking space the same officers in the bar appeared out of nowhere and pulled stoped me in the parking lot. They reported I almost hit them as i backed out, which is a lie, nobody no matter how incoherent would back into a cop car. Anyway I refused the FST, and was ginven two tickets. One: for causing another vehicle to swerve out of my way, which is another lie, cause there was no other vehicle. Two: for DUI. Can I be given a DUI on Private property? Should the officers be in a bar to find out who has been drinking? Was I entraped?

 

[lawrat]

Wanna hear my take? Welll......you were driving, in a parking lot, open space, after drinking. Cops saw you inside and outside. Are you sure they didn't swerve?

Well, they have a right to ticket you. When you are in the car and car engine is on, guess what? Deemed driving.

Sooooo... pay the tickets and next time, get a designated driver.

____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

 

[cookpd_2000]

Soooo, let me get this straight. I'm drinkin beer on my farmland and decide to do some four wheeling on my land. The police have the right to come onto my land and issue me with a DUI...right?

 

[HomeGuru]

Are you still drunk? Your post stated that you were at a bar not on your farmland. Your analogy is tantamount to comparing Miller Lite to Heineken.

You are guilty as charged.
Lawrat was correct.

 

[bini]

Hey Homeguru.

Even if the analagy wasn't up to your low and unorthodoxed expectations, it was still a good one and those of us with a little more brains understood it.

 

[cookpd_2000]

You know, When I posted this ad. The only person I did not want to hear from was your dumb ass Homeguru. So do you ever get out of the house? So the question still remains can you get a DUI on your own property? Also the white lies the cops used to pull me over, I mean have me stop. If its alright to misrepresent things a little bit to get legislation passed, to get public support and large contributions like MADD for instance, then its alright for the cops to lie a little bit to get the "drunk driver" off the streets, then its alright for the D.A. to overlook the lies to get the person, ME, into jail, and then its alright for the judge to overlook the perjury in the courtroom in the "interest of Justice" and then our entire judicial system has become one BIG lie and has brought contempt upon itself. If you are someone supporting MADD take some time and read this very interesting article. http://www.avsa.com/madd/oldpage.htm it will be worth your while. Especially you homeguru since you appear to be home all the time. In fact i'd bet more money than you'll ever have that you are a cop. Thank you for seeing the brains behind my last post bini.

 

[HomeGuru]

You lose big boy, I am not a cop, I am an attorney. And I make more money in a day than you make in a month.

In fact, I have cases that could get you off free as there wold be raised questions of jurisdictional issues, invasion of privacy, abuse of police power and deviation from departmental protocol, policies and procedures. A similar case has come up before in Kansas City. Do you need the case number?

 

[cookpd_2000]

Yes I would like the case number; if you think it would help me out. I know I was in the wrong here, however I just feel the officers did there jobs improperly.

 

[bini]

I do not know the answer to your question. If I was to guess I would say that there is a big difference in getting a D.U.I. on private property and getting one on your own property. I think it probably depends on the circumstances.

I have a friend that through a party for his son "21st birthday" it was in his shop. They had a Keg and alot of the people were only 20 yrs old "too young to legally drink"
The cops were called out, and my friend told them to get off his property. Well to make a long story short, my friend and his Brother got arrested for giving alcohol to a minor along with many other charges. (not a d.u.i. but still an alcohol charge). When they went to court the judge dismissed everything, "Stating that the police had no right being on the property". Then again a month before my friend went to trial the policeman that arrested him was out drinking and on his way home he had a wreck and killed someone. This happened a mile from my friends house and my friend was coming home and seen the accident. The policeman got off "SCOT FREE". The accident happened at a blind intersection and they stated that the weeds were to high, I guess it didn't matter that the policeman did not have the right of way. "Go Figure". This might not of had anything to do with my friend getting off but who know. Like I stated and I believe the answer to your question is "Depends on the Circumstances"

 

[cookpd_2000]

Yes, I also aggree with you that it depends on the situation. For instence; I bet if you were walking into your house smoking a crack pipe and were seen in the process by a police officer, they would bust you, however they'd probably have to obtain a search warrent. In my case I was moving my vehicle in a parking lot, the cops new i'd been drinking, so they busted me on the spot. Well I hope I have a fighting chance. Not sure yet if i'm going to take this to trial or just take the punishment. I'm still waiting for the police report to come back to find out exactly how far the truth will be stretched out. It looks like its going to be two officers words against mine. I lose! I'm glad your friend did not get fined or convicted. I'm sure it was a responsible party.

 

[CallMeMax]

Cook, not a lawyer here but as I understand it, you can get a dui on private property. Police can wait for you outside a bar (and often do) just waiting for you to get behind the wheel and put the key in the ignition. I know it sounds like entrapment, but I guess it's not. As far as their word against yours, it is unfortunately. Most cops cut & paste their dui reports. No matter what, the symptoms are the same (slured speach, red eyes, strong odor of alcohol, etc). And their job is to paint you in the worst possible light. I would like to know how often off duty cops are stopped drunk and let go by their "brothers". Ya know it happens...

 

[cookpd_2000]

Just an update. It looks like as far as my driving privileges go I will NOT lose them! Reason being I have an Iowa Drivers license and have never before this incident been giving a ticket in Missouri. Which means I did not submit to the Inplied Consent law in Missouri. Which means there is no prof that i've ever( and I haven't) driven on Missouri public road (this is as per my lawyer); who has received $1500 bucks thus far). If this actually works I guess I may have a possible chance of getting the thing dropped. I'm crossing my fingers. Any opinions? Am I or my lawyer NUTZ?