Actual Physical Control Article - Minot Daily

trentmx_05 Said:
http://minotdailynews.com/page/content.detail/id/562773/Actual-physical-control.html?nav=5010

I thought this article was an interesting read. I also think it is a bit intrusive into its powers. I have never been convicted or charged with any crimes of the sort. But I can see how, and have heard of others, who have tried to do the right thing and ended up with a charge like this. Makes one wonder if it does more harm then good when folks know they could get charged for sleeping it off, so they screw it and drive home anyways.

I dont understand how one can charge someone with a crime they have not committed, just because they have the means of committing it, with no intent of doing so in the first place. Just because I have a car and a lead foot doesnt mean you can give me a speeding ticket just because I have the "means" to do so.

Just because I have weapons and the "means" to commit a violent crime, doesnt mean you can charge me assault with a deadly weapon just because I am capable of committing that crime if I chose to do. It just doesnt make sense how they can make this stick. I am sure lots of lives have been unjustly affected by this charge, as have the victims of DUI accidents and I understand the reasoning. I just believe they could go about this APC issue a whole lot more efficiently and fairly then just slapping anyone they feel is a risk with a life changing charge...WITHOUT proven intent to ever drive!...

anyways, what do you guys think this?

Ice Man Said:
A friend of mine got an APC for going out to his car, he unlocked the door, slid in the drivers side, reached over and grabbed a pack of smokes out of his center console and the cops were right there.  He wasnt even at a bar, it was at a party in a residential area.

eyexer Said:

Ice Man Said:
A friend of mine got an APC for going out to his car, he unlocked the door, slid in the drivers side, reached over and grabbed a pack of smokes out of his center console and the cops were right there.  He wasnt even at a bar, it was at a party in a residential area.

interested to know the probable cause on this one

It get's frickin' cold here in the winter and this law doesn't take that into account.  The sad part is that the guy who has enough sense to not drive but gets in his car and starts it to stay warm while he sleeps it off has a way bigger chance of getting busted than the guy who takes the chance and drives home drunk.  The law really needs to be changed.  It needs to have a clause that it must look like the driver actually drove the vehicle or maybe if the driver is in the driver's seat.  Let a person sit in the passenger or back seat and let a car run to stay warm.  Back in the days when statistics didn't mean mean more than real enforcement, most officers would have seen this as a good thing and just checked on the guy to make sure he's ok and maybe offered them a ride home.  But in todays money and statistic greedy law enforcement days, they see this as easy money and another dui type bust to add to their resume and to the stats for next years funding. 

Birdhunter81 Said:
So lets say its mid fall and I walk into the bar without my coat on. Ooops I had to many now I'm gonna walk home so I go outside unlock my truck and grab my jacket (cause it got a little cool out)  and now I'm busted? This is a BS law and it should be changed.

I remember when I was an Airman living in the dorms and SF was waiting for people to come out of the bar and would bust them for public intoxication when they went to walk back to the dorms from the E-club.

So a cop is parked outside of a bar or just driving by........He sees a guy walk out of the bar towards his car.  Now the cop is assuming that that guy is going to get in his car and drive drunk away from the bar.  The guy, however is just going out to grab some money, a coat, cigs, whatever with no intention of getting in the vehicle and driving away.  Automatic confusion between both parties as to "intent."  The cop goes up to the guy and long story short charges him with APC.  After reading the other posts on here, is seems like everyone has a story as to what they were trying to do, but the law saw it differently, so it goes to court, etc.  My question is.....if you were that cop, why wouldn't you just watch the guy, wait for him to get into the vehicle, start it up, and drive away, and then pull him over.  Now, you have proof that the guy is DUI, which should be a slam dunk in court.  A cop arresting someone for APC, is pulling the trigger way to early.  Only reason I can think of is to just charge another person for APC before they are caught doing the right thing and walk away from their vehicle after getting whatever is was they wanted from it in the first place and not drive away drunk.