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Got stuck in sand.. For a while

Discussion in '2nd Gen. Tacomas (2005-2015)' started by bijick, Apr 18, 2016.

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  1. Apr 20, 2016 at 1:44 AM
    #141
    TacomaESQ

    TacomaESQ Well-Known Member

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    Not true my friend. Your sig says San Diego so let's just use California law. I have no idea about other states, but in California, cops can arrest people for a DUI regardless of whether the property is private or not. Check out Ca. Vehicle Code section 23152 and tell me where it says it only applies to public roads. If there is still a question you should read People v. Malvitz which directly addresses the issue we are discussing.

    I don't mean to be a dick, but if you're going to represent yourself as the authority on a topic, you had better be sure what you're telling people is accurate.
     
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  2. Apr 20, 2016 at 5:56 AM
    #142
    02Duck

    02Duck manuals make it better

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  3. Apr 20, 2016 at 7:59 AM
    #143
    horstuff

    horstuff Re-member

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    No fun :smack: but :amen:
     
  4. Apr 20, 2016 at 8:33 AM
    #144
    SoCalSteve

    SoCalSteve Sunshine Tax

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    "Law enforcement can issue citations for DUI on lands other than highways that are open and accessible to the public **except private lands under the immediate control of the owner or his or her agent where permission is required and has been granted to operate a motor vehicle."**
     
  5. Apr 20, 2016 at 9:00 AM
    #145
    TacomaESQ

    TacomaESQ Well-Known Member

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    Where are you getting this from?
     
  6. Apr 20, 2016 at 9:18 AM
    #146
    PerfectTekniq

    PerfectTekniq I'm undefeated in the UFC.

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    Probably YouTube or Wikipedia.
     
  7. Apr 20, 2016 at 9:33 AM
    #147
    327

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  8. Apr 20, 2016 at 10:01 AM
    #148
    SoCalSteve

    SoCalSteve Sunshine Tax

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  9. Apr 20, 2016 at 10:06 AM
    #149
    PerfectTekniq

    PerfectTekniq I'm undefeated in the UFC.

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    How Does California DUI Law Apply on Private Property?
    The practical effect of Vehicle Code Section 23215, permitting the police to enforce California DUI law “other than on a highway” means that a person can get a DUI even if they are “off roading” on land not designated as a public road. As illustrated in the case example above, you can get a DUI on private property.

    In fact, law enforcement can issue citations for DUI on lands other than highways that are open and accessible to the public except private lands under the immediate control of the owner or his or her agent where permission is required and has been granted to operate a motor vehicle.

    This means that even if you are on private property, if the land is accessible to the public and is not within the immediate control of the owner, you can still be cited for DUI.

    In other words, it is fair game for the police to arrest and charge you with driving under the influence of drugs and/or alcohol in the parking lot of your favorite restaurant or nightclub.
     
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  10. Apr 20, 2016 at 10:14 AM
    #150
    RogueTRD

    RogueTRD Learn to swim...

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    "Open to the public" is the key here.
     
  11. Apr 20, 2016 at 10:34 AM
    #151
    SoCalSteve

    SoCalSteve Sunshine Tax

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    Thank you. Case closed.
     
  12. Apr 20, 2016 at 10:38 AM
    #152
    127.0.0.1

    127.0.0.1 AKA ::1

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    ok
    you can think that

    as I said before when the shit goes down (no speculation or morality involved, I mean someone actually got hurt and requires
    some assistance beyond a band-aid) be ready for the legal world of pain...plus the court of public opinion and all that
     
  13. Apr 20, 2016 at 10:42 AM
    #153
    TacomaESQ

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    Disregarding the vehicle code and case law interpreting the vehicle code in favor of a paragraph written on a random law firm's website is a little perplexing to me, but to each their own.
     
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  14. Apr 20, 2016 at 10:45 AM
    #154
    RogueTRD

    RogueTRD Learn to swim...

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    It's ok, he's just gonna do what he wants, then when the cops stop him he's gonna give them the silent treatment and once they realize he is a legal expert they will give him a high five and send him on his merry way.
     
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  15. Apr 20, 2016 at 11:01 AM
    #155
    SoCalSteve

    SoCalSteve Sunshine Tax

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    Same consequences apply if the individual is stone cold sober. Your scare tactics are groundless.
     
  16. Apr 20, 2016 at 11:03 AM
    #156
    SoCalSteve

    SoCalSteve Sunshine Tax

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    Sure. Because law firms are in the habit of giving out false and misleading information.
     
  17. Apr 20, 2016 at 11:09 AM
    #157
    TacomaESQ

    TacomaESQ Well-Known Member

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    Well sometimes they do which is why there is a whole area of law called legal malpractice.
     
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  18. Apr 20, 2016 at 11:16 AM
    #158
    EatSleepTacos

    EatSleepTacos Well-Known Member

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  19. Apr 20, 2016 at 11:16 AM
    #159
    SoCalSteve

    SoCalSteve Sunshine Tax

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    Perhaps. But when a lifelong friend who's been a lawyer for 30 years and specializes in this area of defense confirms I'm fully within my rights, I'm trusting them over you any day.
     
  20. Apr 20, 2016 at 11:22 AM
    #160
    Kyitty

    Kyitty Mr. Beard

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    The fact that you have talked to an attorney about how to get away with DUI is telling.


    How about just take responsibility for your actions and expect others to do the same?


    This whole thread started with a guy admitting his mistakes to SuperSmartSteve trying to be the smartest guy online.
     
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