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The Future is Here - Robot Cars

Started by Jacob, June 28, 2011, 11:13:28 PM

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Slargos

Quote from: DGuller on June 29, 2011, 11:45:59 AM
I wonder if you can get off the DUI charge by having a bottle of vodka in your car.  Let's say that a cop catches you shitfaced when you're stopped on the side of the road.  Normally the assumption is that you must've been even drunker when you got there, but you have a bottle of vodka with you, and you aren't moving.  Furthermore, in your shitfaced condition, you accidentally lost the keys to your car.  You'll probably be nailed on the open container charge, but can you get a DUI from it?

In Scandie you can. In fact, it is expressly illegal to imbibe alcohol after an autovehicular accident whether you were sober during or not.

Barrister

Quote from: Slargos on June 29, 2011, 12:02:22 PM
Quote from: DGuller on June 29, 2011, 11:45:59 AM
I wonder if you can get off the DUI charge by having a bottle of vodka in your car.  Let's say that a cop catches you shitfaced when you're stopped on the side of the road.  Normally the assumption is that you must've been even drunker when you got there, but you have a bottle of vodka with you, and you aren't moving.  Furthermore, in your shitfaced condition, you accidentally lost the keys to your car.  You'll probably be nailed on the open container charge, but can you get a DUI from it?

In Scandie you can. In fact, it is expressly illegal to imbibe alcohol after an autovehicular accident whether you were sober during or not.

Yeah - but that's probably a lot less of a penalty than being hit for impaired driving is.
Posts here are my own private opinions.  I do not speak for my employer.

Slargos

#32
Quote from: Barrister on June 29, 2011, 12:03:12 PM
Quote from: Slargos on June 29, 2011, 12:02:22 PM
Quote from: DGuller on June 29, 2011, 11:45:59 AM
I wonder if you can get off the DUI charge by having a bottle of vodka in your car.  Let's say that a cop catches you shitfaced when you're stopped on the side of the road.  Normally the assumption is that you must've been even drunker when you got there, but you have a bottle of vodka with you, and you aren't moving.  Furthermore, in your shitfaced condition, you accidentally lost the keys to your car.  You'll probably be nailed on the open container charge, but can you get a DUI from it?

In Scandie you can. In fact, it is expressly illegal to imbibe alcohol after an autovehicular accident whether you were sober during or not.

Yeah - but that's probably a lot less of a penalty than being hit for impaired driving is.

I couldn't say without researching it but as far as I can recall, it's lose-your-license territory at the very least.

Edit: Brief search. Turns out it's equal to DUI in Norway, and before the year is up it's expected that a similar law will be passed in Sweden.

So actually it seems the penalty is more or less the same.

DGuller

Quote from: Barrister on June 29, 2011, 11:56:58 AM
Quote from: DGuller on June 29, 2011, 11:45:59 AM
I wonder if you can get off the DUI charge by having a bottle of vodka in your car.  Let's say that a cop catches you shitfaced when you're stopped on the side of the road.  Normally the assumption is that you must've been even drunker when you got there, but you have a bottle of vodka with you, and you aren't moving.  Furthermore, in your shitfaced condition, you accidentally lost the keys to your car.  You'll probably be nailed on the open container charge, but can you get a DUI from it?

In the biz it's called bolus drinking, or a last drink defence.  It's the claim that you only started drinking after you stopped.  It can come into play any time when there is even a brief gap between the observed driving, and police being in contact with the driver.
What about an even more blatant example.  You're pulled over, and while the cop is stopped behind you checking your plates, you chuck away the keys and take a swig from a bottle of vodka.  He sees you the entire time, but he can't tell exactly how much you drank just now.  Can that ever work?

Barrister

Quote from: DGuller on June 29, 2011, 12:47:08 PM
Quote from: Barrister on June 29, 2011, 11:56:58 AM
Quote from: DGuller on June 29, 2011, 11:45:59 AM
I wonder if you can get off the DUI charge by having a bottle of vodka in your car.  Let's say that a cop catches you shitfaced when you're stopped on the side of the road.  Normally the assumption is that you must've been even drunker when you got there, but you have a bottle of vodka with you, and you aren't moving.  Furthermore, in your shitfaced condition, you accidentally lost the keys to your car.  You'll probably be nailed on the open container charge, but can you get a DUI from it?

In the biz it's called bolus drinking, or a last drink defence.  It's the claim that you only started drinking after you stopped.  It can come into play any time when there is even a brief gap between the observed driving, and police being in contact with the driver.
What about an even more blatant example.  You're pulled over, and while the cop is stopped behind you checking your plates, you chuck away the keys and take a swig from a bottle of vodka.  He sees you the entire time, but he can't tell exactly how much you drank just now.  Can that ever work?

Well if he sees you throw away the keys, how does that help you?

Well unlike Scandinavia, drinking in a vehicle is a ticketable offence, not criminal.  However if you're taking a giant swig of vodka while the cop has pulled you over you're probably looking at an Obstruct Justice charge on top of your Impaired Driving charge.
Posts here are my own private opinions.  I do not speak for my employer.

Iormlund

Quote from: Slargos on June 29, 2011, 05:01:50 AM
No argument there. I like driving, and I would hate to have an autopilot forced on me 100% of the time but it would be very pleasant to have the option.
I like driving as well, but I hate sharing the road other drivers. I would gladly relinquish control of my car if it meant everyone else has to do likewise.

Slargos

Quote from: Iormlund on June 29, 2011, 01:02:17 PM
Quote from: Slargos on June 29, 2011, 05:01:50 AM
No argument there. I like driving, and I would hate to have an autopilot forced on me 100% of the time but it would be very pleasant to have the option.
I like driving as well, but I hate sharing the road other drivers. I would gladly relinquish control of my car if it meant everyone else has to do likewise.

I guess I could get on board with that as long as I get to keep control of my bike.  :hmm:

DGuller

Quote from: Iormlund on June 29, 2011, 01:02:17 PM
Quote from: Slargos on June 29, 2011, 05:01:50 AM
No argument there. I like driving, and I would hate to have an autopilot forced on me 100% of the time but it would be very pleasant to have the option.
I like driving as well, but I hate sharing the road other drivers. I would gladly relinquish control of my car if it meant everyone else has to do likewise.
I'd rather have the other drivers eliminated and keep control of my car.

Slargos


Valmy

I hate driving so this would be a dream come true.  I want to take a nap on the way home.
Quote"This is a Russian warship. I propose you lay down arms and surrender to avoid bloodshed & unnecessary victims. Otherwise, you'll be bombed."

Zmiinyi defenders: "Russian warship, go fuck yourself."

grumbler

Quote from: Barrister on June 29, 2011, 10:07:52 AM
Care or control is a highly litigated area, and comes down to the specific facts of the case.  Having the keys in your pocket, standing beside the vehicle in your own driveway might theoretically be the basis for a conviction, but realistically will not.  Being seated in the drivers seat, keys in the ignition, at the side of the road, will certainly get you convicted.  And everything else inbetween is a bit of a crapshoot.
Which is essentially the definition of a bad law; one which a reasonable person will not know they have broken until the verdict comes in.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

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Ed Anger

Stay Alive...Let the Man Drive

Barrister

Quote from: grumbler on June 29, 2011, 06:01:52 PM
Quote from: Barrister on June 29, 2011, 10:07:52 AM
Care or control is a highly litigated area, and comes down to the specific facts of the case.  Having the keys in your pocket, standing beside the vehicle in your own driveway might theoretically be the basis for a conviction, but realistically will not.  Being seated in the drivers seat, keys in the ignition, at the side of the road, will certainly get you convicted.  And everything else inbetween is a bit of a crapshoot.
Which is essentially the definition of a bad law; one which a reasonable person will not know they have broken until the verdict comes in.

Nah this one is very simple.  If you're drunk, don't go anywhere near your car unless someone sober is driving.

And in any event the law as written is perfectly clear.  It's all the brutal court decisions that have mangled it that makes it confusing. <_<
Posts here are my own private opinions.  I do not speak for my employer.

Iormlund

Quote from: Barrister on June 29, 2011, 10:41:59 PM
Nah this one is very simple.  If you're drunk, don't go anywhere near your car unless someone sober is driving.
Which is complete bullshit. What if I just want to take a nap?

Razgovory

Quote from: Iormlund on June 30, 2011, 10:16:59 AM
Quote from: Barrister on June 29, 2011, 10:41:59 PM
Nah this one is very simple.  If you're drunk, don't go anywhere near your car unless someone sober is driving.
Which is complete bullshit. What if I just want to take a nap?

You have a bed for that.
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017