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De'Shawn Hand's car was not moving. He was parked and asleep.

Posted on 7/31/17 at 2:12 pm
Posted by StopRobot
Mobile, AL
Member since May 2013
15358 posts
Posted on 7/31/17 at 2:12 pm
Posted by Old Sarge
Dean of Admissions, LSU
Member since Jan 2012
55183 posts
Posted on 7/31/17 at 2:14 pm to
Is it still DUI if the keys are in the ignition and the car is running but you were sleeping in the backseat?
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64415 posts
Posted on 7/31/17 at 2:15 pm to
quote:

Is it still DUI if the keys are in the ignition and the car is running but you were sleeping in the backseat?

yes

quote:

This does not mean the arrest was unwarranted. Aaron Suttles reports: “According to Alabama state law, Hand was deemed to be in ‘constructive possession’ of the vehicle, and although he wasn’t driving and the vehicle was parked, the keys being in the car was the determinant that triggered the arrest.”
This post was edited on 7/31/17 at 2:16 pm
Posted by crimsonian
Florida
Member since Jun 2012
7374 posts
Posted on 7/31/17 at 2:15 pm to
Doesn't even have to be running.
Posted by bbvdd
Memphis, TN
Member since Jun 2009
24905 posts
Posted on 7/31/17 at 2:15 pm to
quote:

Is it still DUI if the keys are in the ignition

Keys were "in the car"

doesn't say if they were in the ignition.

The car was parked in a parking lot.
Posted by roguetiger15
Member since Jan 2013
16138 posts
Posted on 7/31/17 at 2:16 pm to
Sleeping in drivers seat with car on = dui

He may be ok if he was in backseat. I know I'd be pissed if I was sleeping in backseat and had car running for ac and got a dui
Posted by StopRobot
Mobile, AL
Member since May 2013
15358 posts
Posted on 7/31/17 at 2:16 pm to
quote:

Doesn't even have to be running.



Which it appears it wasnt. This is BS. Hand is being persecuted.
Posted by The Nino
Member since Jan 2010
21519 posts
Posted on 7/31/17 at 2:17 pm to
That's more forgivable. Still dumb on his part but he wasn't endangering anyone. He'll probably start
Posted by DoubleDown
New Orleans, Louisiana
Member since Oct 2008
12846 posts
Posted on 7/31/17 at 2:17 pm to
quote:

He may be ok if he was in backseat. I know I'd be pissed if I was sleeping in backseat and had car running for ac and got a dui

No shite. I've literally done this a few times myself to ensure I was NOT going to DUI.

ETA: A down vote for what?
This post was edited on 7/31/17 at 2:20 pm
Posted by allin2010
Auburn
Member since Aug 2011
18149 posts
Posted on 7/31/17 at 2:18 pm to
He was going to play in the first game... this changes nothing.
Posted by AuburnCPA
Member since May 2008
18821 posts
Posted on 7/31/17 at 2:18 pm to
well if this was the case, the PD will be apologizing and he should be anointed a team captain
Posted by StopRobot
Mobile, AL
Member since May 2013
15358 posts
Posted on 7/31/17 at 2:18 pm to
So go hide your keys somewhere. Then go to sleep
Posted by DoubleDown
New Orleans, Louisiana
Member since Oct 2008
12846 posts
Posted on 7/31/17 at 2:20 pm to
quote:

So go hide your keys somewhere. Then go to sleep

Uhhh, have you been hammered before? Hiding your keys is the last thing I'd want to do.
Posted by Wind Rivers Tiger
Wyoming
Member since Sep 2011
1033 posts
Posted on 7/31/17 at 2:21 pm to
Car does not have to be running in most jurisdictions. Seated in driver's seat = "actual physical control" of motor vehicle.
Posted by DoubleDown
New Orleans, Louisiana
Member since Oct 2008
12846 posts
Posted on 7/31/17 at 2:24 pm to
quote:

Car does not have to be running in most jurisdictions. Seated in driver's seat = "actual physical control" of motor vehicle.

Maybe.

I just know that as a parent, when my kids make it to college and drink, I'll tell them that if they are too drunk to drive to do EXACTLY what De'Shawn Hand did.
Citation be damned, if he (or my kids) knowingly kept themselves off of the street and did not endanger themselves or anyone else - then GOOD ON THEM! They're living the right way and doing the right things, DUI arrest or not.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64415 posts
Posted on 7/31/17 at 2:24 pm to
according to Tide Sports, car was running and headlights on

quote:

According to Alabama state law, Hand was deemed to be in “constructive possession” of the vehicle, and although he wasn’t driving and the vehicle was parked, the keys being in the car was the determinant that triggered the arrest. Hand was parked in a near-campus parking lot, sitting in the driver’s seat with the headlights on and the vehicle cranked, but was asleep with the car in park.


LINK /

Hand is a good student and good guy. Just made a bad choice, it happens.
This post was edited on 7/31/17 at 2:25 pm
Posted by Billy Mays
Member since Jan 2009
25269 posts
Posted on 7/31/17 at 2:26 pm to
Hopefully he was listening to R Kelly when he fell asleep:

Posted by DoubleDown
New Orleans, Louisiana
Member since Oct 2008
12846 posts
Posted on 7/31/17 at 2:27 pm to
quote:

Hand is a good student and good guy. Just made a bad choice, it happens.

Maybe. I sure found this statement funny with the news that he was just sitting in his car though.

quote:

The University of Alabama defensive lineman was arrested early Saturday morning for driving under the influence and held on a $1,000 bond.

Posted by coachcrisp
pensacola, fl
Member since Jun 2012
30583 posts
Posted on 7/31/17 at 2:27 pm to
...and they call it driving under the influence.
Posted by Wind Rivers Tiger
Wyoming
Member since Sep 2011
1033 posts
Posted on 7/31/17 at 2:29 pm to
Instead of telling them to do "EXACTLY" what he did, maybe tell them to get in the back seat, or, better still, don't drink and drive.
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