Incident at an “out of bounds†place

Discussion in 'Places Off-Limits' started by USMC - Retired, Feb 28, 2007.

  1. USMC - Retired

    USMC - Retired New Member

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    My wife and I play Texas Hold’em poker in a local league. The games are sponsored by and held at local bars and restaurants with no fee to play and prizes awarded for top finishers. Last night we played in a tournament at a local bar and grill and since they serve alcohol of course we were unarmed. When we arrived we noticed a few friends standing outside and they looked over when they heard our car horn sound as we locked the car and set the alarm. We all went inside and I spent the next four hours passing chips from my stack to everyone else’s. I couldn’t get a good hand to save my life. When we finished we walked out to our car to find someone in the driver’s seat attempting to start it. I recognized him as someone I had seen drinking in the bar and jerked open the door and told him to get the :censored: out of my car. He started arguing that it was his car and kept trying to put his keys in the ignition. I could tell by his actions and his slurred speech that he was drunk as sin and told him that if he didn’t get out of the car immediately I would remove him by force. He got out but kept insisting that it was his car. At this point I called 911 on my cell and told them what was going on and to send a patrol car. At this the drunk starts to leave and I tell him that if he takes another step I will use force to restrain him. He starts begging me to give him a break and all sorts of trash and I tell him to just be quiet and let the cops sort it out. He starts to walk off again and again I tell him not to try to leave or I would put him on the :censored: ing ground. Right then an off-duty LEO that had been playing poker with us steps in and tells the guy that he is going no where and has me step back to avoid a confrontation until the on-duty officers arrive. Once the patrol car arrived they cuffed the drunk and put him in the back of their car and took statements from us and a few witnesses. They asked if we wanted to press charges and I told them I most certainly would. They tell me he will be charged with criminal trespass and possibly unlawful entry. At this point I’m a bit shocked and ask why he won’t be charged with DUI. The officer informs me that Albany has no law to charge DUI unless the vehicle is actually in motion! Everywhere I have lived before they could charge you if you were in the car with keys in your possession. The truly scary part here is that this fool could have been on the road if he had got the car started! Things worked out ok in the end but had this guy been an armed car thief instead of a stupid drunk I may have been in some real trouble. Had he been bigger than me and intent on fighting because I was trying to stop him I could have been in danger as well. Now if I were able to carry in establishments that serve alcohol I would have not been at so much of a disadvantage to protect myself, my wife and my property. We need to remove these restrictions that disarm the law abiding and put them at risk!
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    O.C.G.A. 40-6-391:
    (a) A person shall not drive or be in actual physical control of any moving vehicle while . . .


    Hmmm . . . :-k I never noticed the "moving" part before. Is this new? I think it used to say "motor vehicle."
     
  4. Sharky

    Sharky New Member

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    Now thats what I was wondering! (how he got in)

    MP- is there anything in the law stating if there is evidence of a forcefull break in, the vehicle, force is allowed to restrain the person?

    Like you walk up to your car, your window is broken, bad guy in the vehicle. Besides dialing 911 as I approached the vehicle, I would hope GA allows to restrain the bad guy. Even at GP.
     
  5. USMC - Retired

    USMC - Retired New Member

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    We have no idea how he got in. His keys were for a BMW and our car is a Honda. All we can figure is maybe he pushed two of his buttons at once and it happened to match our code. When the cops tried his buttons one by one they did not work. The only other thing I can think of is maybe somehow my keys pressed one of the buttons in my pocket while we were inside but to unlock you have to hold it pressed a few seconds and I would think that we were out of range as well.
     
  6. USMC - Retired

    USMC - Retired New Member

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    O.C.G.A. 40-6-391:
    (a) A person shall not drive or be in actual physical control of any moving vehicle while . . .


    Hmmm . . . :-k I never noticed the "moving" part before. Is this new? I think it used to say "motor vehicle."[/quote:15ubg1gn]

    Maybe they removed the motor part so they can charge DUI to folks on bikes as well...
     
  7. Sharky

    Sharky New Member

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    I used to park cars for a living and it isnt odd to have 2 cars respond to the same frequency key fob. We had one vehicle, I think an import, when the truck button was pushed, another cars next to its panic button was activated. Horn went off in a frenzy!

    Happened on 2 occaisions. That was a while back, very long while back.
     
  8. Montieth

    Montieth New Member

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    If the car won't start from those keys, is the drunk actually in control of the vehicle?
     
  9. USMC - Retired

    USMC - Retired New Member

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    I think "intent" would come in to play. He was clearly trying to start the car. This shows intent to operate a motor vehicle while he was in an intoxicated state. The only thing that stopped him was the fact the key didn't fit. If someone points a pistol at your head and trys to pull the trigger but they didn't know how to take the safety off is that not still attempted murder?
     
  10. Watch_Their_Hands

    Watch_Their_Hands New Member

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    How he got in is strange enough, although last year I remember our oldest daughter coming home from school one day and relating to us how two of her guy friends used a cell phone (pushing a certain group of symbols while standing close to a teachers vehicle) to unlock the teachers car as a joke. They told our daughter they learned it from another student. A few days later, one even managed to unlock it from the classroom. Don't know the distance. I am not sure what type of vehicle it was, but I do remember our daughter saying that the teacher soon changed her code...

    So far as the public gathering laws, what a :censored: joke.
     
  11. USMC - Retired

    USMC - Retired New Member

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    OK even worse. It turns out this guys wife is a deputy for another county! :shock: You would think that if anyone would know better it would be the spouse of a LEO. Now I know why the arresting officers asked me more than once if I wanted to press charges! :evil:
     
  12. Sharky

    Sharky New Member

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    :shock:

    Plot thickens. For all you know it could be a bad relationship, or some other factor to trigger that behavior.
     
  13. Adam5

    Adam5 Atlanta Overwatch

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    When I used to work at an auto shop, we had an installer put tires on the wrong car. He had a work order for a blue Chevy Cavailer and a set of keys given to him by the customer. He went to the parking lot, found a blue Cavalier, started it, pulled it into the shop and put tires on it. We told the customer it was done, she paid, we gave her keys and pulled her car around front. When she walked out she said "That's not my car.". We asked, " Are these your keys?", she replied yes.

    About that time another customer, inside the store, wanted to use the phone to report that his blue Cavalier was stolen out of our lot.

    2 blue Cavaliers, keyed the same in our lot at the same time. What are the chances?
     
  14. USMC - Retired

    USMC - Retired New Member

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    :shock:
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I don't think so. "Attempt" can be any crime, including murder.