Man Arrested for DUI Tells Cops He Only Drank at Stop Signs, Not While Driving: Police
Offbeat 9:36 AM PDT, July 12, 2018 - Inside Edition Staff
A 69-year-old Florida man insisted to police that he was not drinking and driving, since he only took sips of bourbon at stop signs and red lights.
Earle Stevens was arrested in Vero Beach on June 27 after a woman called police saying that he was bumping the back of her car repeatedly at a McDonald’s drive-thru, according to reports.
When police arrived on the scene, they looked inside Stevens’ car and noticed an empty bottle of Jim Beam bourbon in the passenger seat, according to Indian River County Sheriff's Office.
Stevens had bloodshot eyes, smelled of alcohol and did not have a valid driver’s license, police said.
He reportedly admitted to cops that he had been drinking all day, but argued that he only drank at stop signs and when his car was not moving.
He was given a field sobriety test and allegedly blew a .153 and .147 on the breathalyzer, both nearly twice the legal limit.
He was charged with DUI and driving without a valid license in the state. Cops say he also had two prior DUIs in Missouri.
Stevens has not entered a plea and will be arraigned July 31.
#1: Fred Mertz To: nolu chan (#0)
Light weight.
Fred Mertz posted on 2018-07-13 22:57:18 Reply Private Reply
#2: no gnu taxes To: nolu chan (#0)
no gnu taxes posted on 2018-07-13 22:59:49 Reply Private Reply
#3: Deckard To: no gnu taxes (#2)
Yeah - what a load of bullshit. You are on your own property, not even driving and the badged asswipes can still cite you for DUI and run you in.
America - land of the FREE!!!!
Deckard posted on 2018-07-13 23:04:27 Reply Private Reply
#4: A K A Stone To: Deckard (#3)
What you say is a load of bullshit. Cops arrested ssomeone in Ohio for open container on their own propert. He sued and won.
A K A Stone posted on 2018-07-14 09:27:00 Reply Private Reply
#5: Deckard To: A K A Stone (#4)
Glad to see he won the case. Nonetheless, he was still arrested wasn't he? Was he sitting in his car?
Can I Be Arrested for a DUI in My Driveway?
Q: an I get a DUI if I'm parked in my drive way and the car isn't on?
This might sound real weird but every once in a while I sit in my car after work in my driveway and listen to the radio. It’s not really anything dangerous because I don't drive anywhere but on this day, a cop drove by and saw me drinking a beer while sitting in my car. The keys were in the ignition because I had the radio on but I have never drove anywhere before. I don’t drink and drive. I got arrested for DUI. Can I fight this?
A: Yes, and you need to fight this. One of the key elements to a DUI is driving. It is possible for the prosecution to establish driving through circumstantial evidence. For example, the circumstantial evidence based on what you wrote would be that you were in your car, in the drivers seat, with the keys in the ignition.
If your car was running, and the engine was hot to the officers touch, that would be additional circumstantial evidence that would be used against you. That being said, the prosecution has the burden to prove you were actually driving (ie. at some point prior to the officer arriving), and that while you were driving you were under the influence. A good DUI defense attorney can help make that difficult for the prosecution and potentially get the DUI charges dismissed.
Deckard posted on 2018-07-14 10:27:31 Reply Private Reply
#6: A K A Stone To: Deckard (#5)
A K A Stone posted on 2018-07-14 10:29:04 Reply Private Reply
#7: sneakypete To: nolu chan (#0)
I suggest he go to trial and tell it to the jury.
Jurors need a good laugh occasionally,too.
sneakypete posted on 2018-07-14 10:36:50 Reply Private Reply
#8: misterwhite To: nolu chan (#0)
It doesn't and he don't.
misterwhite posted on 2018-07-15 10:14:03 Reply Private Reply