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Old 11-08-2012, 02:40 AM
 
207 posts, read 420,607 times
Reputation: 229

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The fact of the matter is...no one wants you to sleep in your car and I can understand why. The city coffers rely on the "hotel tax". The hotel owners need you to give your offerings as one ought to as a tourist.

That's the thing. The rub. Everyone and their mother makes money off of the tourist. So I'm gonna sleep in my car out of a sense of rebellion. A sense of spite.
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Old 11-08-2012, 06:50 AM
 
Location: Los Angeles County
10,997 posts, read 8,790,245 times
Reputation: 28753
Good luck with that. You will need it. It's a horribly dumb thing to do unless you have ZERO other options.
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Old 11-08-2012, 09:11 AM
 
356 posts, read 889,422 times
Reputation: 326
Its not that big of a deal to be honest. I've done this all across California from San Diego to San Francisco. Mostly with friends and a few times solo, never had an problems. My advice would be to avoid commercial establishments as others have stated except if it's 24 hours. You could try parking near a church, or a parking lot at a decent hotel or a quite neighborhood. Never stay at at spot for too long though move around. Another thing if happen to be drunk don't have your keys on your person store them far away from you like your trunk. LA is huge, you'll find plenty of spots have fun, be safe and discreet. Let us know how it turns out!
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Old 11-08-2012, 09:19 AM
 
155 posts, read 286,266 times
Reputation: 349
Quote:
Originally Posted by Avex View Post
Another thing if happen to be drunk don't have your keys on your person store them far away from you like your trunk.
Sounds like something a drunk person would do. Uhhh officer, can you help me get my keys which I locked in the trunk.

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Old 11-08-2012, 09:30 AM
 
Location: DFW
6,699 posts, read 11,060,756 times
Reputation: 4955
It's pretty difficult to pull that off in LA where you can't park on the streets overnight.

You might have better luck in the less policed areas in OC as long as you don't stay in the same place every single night.
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Old 11-08-2012, 09:55 AM
 
Location: SoCal, Idaho
3,162 posts, read 8,267,208 times
Reputation: 1633
Quote:
Originally Posted by disgruntled la native View Post
Don't drink if you're doing that. Can get a DUI. Have known several that happened to
Quote:
Originally Posted by Exitus Acta Probat View Post
A DUI as a result of sleeping in a car?
They must not have had good lawyers. Actually, they must not have had lawyers at all? -- Unless there is more to the story.

In CA, the VC is very clear about "driving" the vehicle. Not sleeping in it, sitting in it, etc. Must be driving.

With that being said, judges have upheld 23152 cites with circumstantial evidence, where an officer has witnessed a person sleeping in their car (or parked, whatever), and built a case that they drove while intox.
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Old 11-08-2012, 11:37 AM
 
Location: SCV
36 posts, read 88,206 times
Reputation: 27
Quote:
Originally Posted by Exitus Acta Probat View Post
A DUI as a result of sleeping in a car?
I think if the keys are in the ignition, even if you aren't driving, you can be charged.
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Old 11-08-2012, 12:18 PM
 
4,210 posts, read 6,308,837 times
Reputation: 2628
They can prove intent to drive if you are in the car sleeping while drunk. Sitting in the driver's seat alone can be intent (maybe if you sleep in your backseat or trunk, it'd be much harder to prove) In many cases that's enough to get you.
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Old 11-08-2012, 01:42 PM
 
155 posts, read 286,266 times
Reputation: 349
IANAL - I only play one on Internet forums.

Quote:
California Vehicle Code 25152 (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
Intent means nothing. In order to be convicted there needs to be proof that you were driving the vehicle. If a cop sees me driving drunk and I am arrested, I more likely than not will be convicted.

There is a grey area when he does not see me. If I am drunk, walk out to my car, and open my car door, will I be conviced of DUI? Most likely, no. While the cop may think I am intending to drive drunk, I may mearly be trying to sleep it off in the car.

Likewise with the keys in the ignition. Is not prima facia evidence that you were driving drunk - although it may be used to support other evidence. If, for instance, I am drunk, parked in the center divider passed-out-slumped-over the wheel with the engine running and I have five prior DUIs, there is strong circumstancial evidence that I drove there drunk. I am more likely than not to be looking at a conviction.

However, parked outside of a bar with the keys in the ignition, engine off, seatback fully recline and five prior citations for sleeping in my car points more towards I got drunk and chose to sleep it off in my car instead of driving drunk and a judge is probably going to believe me. The keys may be in the ignition merely so I know where they are when I wake up in the morning.

Last edited by tgauchsin; 11-08-2012 at 02:05 PM..
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Old 11-08-2012, 01:52 PM
 
Location: SoCal, Idaho
3,162 posts, read 8,267,208 times
Reputation: 1633
Quote:
Originally Posted by UserX View Post
I think if the keys are in the ignition, even if you aren't driving, you can be charged.
Quote:
Originally Posted by disgruntled la native View Post
They can prove intent to drive if you are in the car sleeping while drunk. Sitting in the driver's seat alone can be intent (maybe if you sleep in your backseat or trunk, it'd be much harder to prove) In many cases that's enough to get you.
Neither of these posts is true, unless, as I said above, there is more to the story. This is not Minority Report. Intent to Commit DUI is not illegal.

With that being said, keys in the ignition helps build the case, but there still needs to be reasonable suspicion that DRIVING TOOK place, that that DRIVING WILL take place.
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