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I just was informed of some very disturbing stuff from a friend, hopefully someone from TN can confirm this for me because I personally can't believe anything like this could exist in any country let alone ours.
Ok, My friend has a son that goes to college in TN. He owns a car in his name that his son uses at school. Now, at school, his son lent the car to a classmate. That classmate later got a DUI while driving the car. Now, the father of the son that lent the car has received a ticket for DUI in the mail because he was the owner of the car.
How in the puck does that work? He also mentioned that all passengers in a car receive DUI's also in TN... I think I have lost all hope for this country
What if you are the passed out drunk at the bar that your friends drag into the car to take home. You could pick up a DUI if ur friends get pulled over.
What if you just left a restaurant, I am supposed to visually determine what 0.085 looks like?
What if you are the passed out drunk at the bar that your friends drag into the car to take home. You could pick up a DUI if ur friends get pulled over.
What if you just left a restaurant, I am supposed to visually determine what 0.085 looks like?
Doesn't sound right to me. Riding under the influence is not driving under the influence and owning a car that someone drives under the influence is not driviing under the influence.
What if you are the passed out drunk at the bar that your friends drag into the car to take home. You could pick up a DUI if ur friends get pulled over.
What if you just left a restaurant, I am supposed to visually determine what 0.085 looks like?
I think you might be misunderstanding the law. Its probably if the driver is drunk the passengers could get charged with something.
The part about passenger's receiving DUI's as well is a really good idea.
I think that's the worst idea I've ever heard, personally. Why should a passenger in a car ever get a DUI? They're not driving... isn't that what the 'D' in DUI stands for? I know in a lot of cases a group of friends is leaving a party or a bar and one person says "I'm good to drive" and if everyone in the group has a solid buzz half the time they're not going to 2nd guess a person's proclamation regarding their sobriety. The driver is responsible for their own decisions. Furthermore, a friend could insist that someone maybe shouldn't drive but they either have the choice of getting in the car or walking home. Why should they be punished for some lying about their sobriety or ability to drive? That right there is communism at it's finest
I just was informed of some very disturbing stuff from a friend, hopefully someone from TN can confirm this for me because I personally can't believe anything like this could exist in any country let alone ours.
Ok, My friend has a son that goes to college in TN. He owns a car in his name that his son uses at school. Now, at school, his son lent the car to a classmate. That classmate later got a DUI while driving the car. Now, the father of the son that lent the car has received a ticket for DUI in the mail because he was the owner of the car.
How in the puck does that work? He also mentioned that all passengers in a car receive DUI's also in TN... I think I have lost all hope for this country
Call a lawyer dude. If you let a drunk person drive you you can get that in TN, but nothing like a ticket because it was your car.
I'm not sure if this is completely true. I was arrested about a year ago and received a P.I. I was with a couple of friends of mine and we decided we were going to leave a party and go back to the guy driving's house. I went ahead and fell asleep in the passenger side. Sure enough he didn't even drive back to his house but decided to park behind a grocery store...I know...not the best idea in the world but at the time I had no say, since I wasn't driving. We were woken up about 3 hours later to a bunch of cops. They only gave the driver a dui. Me and my other friend only got P.I. Make sure if you decide to do something like this to leave your keys out of the ignition. You can be charged for a dui if you have your keys in the ignition. And also we found out that it wasn't illegal for us to sleep behind the convenience store...it's not exactly private property.
A friend of mine let her boyfriend drive her car with a suspended drivers license. SHE went to jail for 5 days. That is f@cked up in my opinion! Welcome to Tennnessee
Post by luciddream5 on Jul 7, 2009 10:29:48 GMT -5
^ Same thing happened to my sister. I don't think they should serve jail time for that but I do see why she should be punished a bit. Some people don't realize until something like that happens, not to let anyone who doesn't have a driver license/suspended drive your car. But I will say Tennessee police are horribleeeeee!
Post by NothingButFlowers on Jul 7, 2009 11:08:53 GMT -5
For both the DUI passengers and suspended license offenses, it's an aiding and abetting statute which says that if you aid someone in committing the crime, you are guilty of committing the crime just the same as if you had done it yourself. (Not saying it's right, just saying it's definitely what TN law says. )
But, TheVille, I'd agree with Wolfman Jess. If your friend just owned the car and didn't know that his son was letting someone drive it drunk, he should probably talk to a lawyer because, without knowledge, he may not fall under the aiding and abetting statute.
Post by ☮ superbek ☮ on Jul 7, 2009 16:24:44 GMT -5
In the state of TN if you let another person drive a vehicle that is registered to you and they receive a DUI, then yes you will receive a citation. Sad but true.
Post by Britney's_Fears on Jul 8, 2009 7:38:07 GMT -5
Personally I think drunk drivers need to be taken off the road by any means necessary so I have no problem with these harsh rules even if they border on the absurd.
Post by strumntheguitar on Jul 8, 2009 13:10:37 GMT -5
^^I have no problem with harsh penalties on drunk drivers. I do have an issue with harsh penalties on people who happen to own a car but other than that had absolutely nothing to do with drunk driving. I also have an issue with people riding in cars with drunk drivers getting a DUI, although I'm more understanding of that than the former.
Bring the hammer down on drunk drivers. Leave the sober owners of the car at home alone though... jeez!
What kind of citation, though? I can't imagine the owner of the vehicle gets hit with a DUI offense...
It's not a DUI offense... it's just a fine for however much they want to charge you (assuming fee varies by county).
Interesting tidbit: In TN, it's not illegal to have an open container in the car as long as if it is not in the driver's possession. Meaning that you can drive down the road and your passenger can totally throw back a cold one but that won't save them from a PI charge.
I tried to find a link for all this but I couldn't (lame, I know). All I have to go on is the 8 hour server liquor permit class they made me take.
It has actually changed as of April I believe now there are a lot more restrictions. If you are in a limo or party bus you are fine, but don't get caught with a drinking passenger anymore.
A friend of mine let her boyfriend drive her car with a suspended drivers license. SHE went to jail for 5 days. That is f@cked up in my opinion! Welcome to Tennnessee
I'm sorry, but that is quacked up. I live in N.C. and I thought we had screwed up Dwi laws.....once again...I stand corrected.... ???
open container in tennessee will get you a dui regardless of who is drinking.
DUI and open container are separate offenses. You can have one and not the other or you can have both. It is very possible to get an open container charge and not a DUI. Also, it is okay to have a re-corked bottle of wine (like from a restaurant) in your possession.
It has actually changed as of April I believe now there are a lot more restrictions. If you are in a limo or party bus you are fine, but don't get caught with a drinking passenger anymore.
Criminal Law Blog: April 29, 2009
"TCA § 55-10-416 specifically states that local municipalities may criminalize the possession of an open alcohol container by a passenger; however, the default rule in Tennessee is that only the driver of the motor vehicle may be cited for possessing an open container. This makes Tennessee one of only eleven states to not criminalize the possession of an open alcohol container by the passenger of a motor vehicle."
I think there is some kind of loophole now, about it counting as an open container if the driver could have access to it. I will ask one of my lawyer clients tomorrow, and see what the skinny on all this is.
Post by myscatterheart on Jul 20, 2009 11:39:32 GMT -5
From my perspective, it's better not to test the waters, especially when really important differences in laws differ from county to county. Stuff like DUI's can really come to haunt you for a long long time.
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