Dui onprivaye property in sc. if i never left the property?

Question

i live in lancaster county sc. in a private subdivision the h.o.a. called the police to have a vehicle that had no tags towed and they would not so how can they give me a dui if i never left the property?

Answer 1

Not sure about NC, but some states have made it illegal to drive drunk even on private property (too many drunks were being caught at gas stations and private parking lots, and legislators were getting tired of seeing them get off with that loophole). Otherwise, it's possible that the property owner has a contract with the city to allow them to enforce traffic laws on his land (as is the case with many shopping mall parking areas and roads).

Answer 2

A subdivision is NOT private property, it is a roadway that is used by others, not just you.

You drive drunk, you go to jail.

Simple, wasn't it?

Answer 3

Een tho it is private property they can still arrest like a Home is private property but if you are drunk and drinking on your lawn that is considered drunk in public.

Answer 4

They can give you a DUI if the property is open to the general public but since this is private property, it doesn't seem right...

Answer 5

Were you behind the wheel? Was the engine running? Were you under the influence of alcohol?

If the answer to these questions was yes, then you can be charged with DUI.

I live in SC (Sumter) but where you live should have no bearing (I may be wrong but common sense comes into play here) on the fact that you were behind the wheel of a car while intoxicated.

I find it suspicious that you left out the rest of the story. That leads a person to draw their own conclusions.

Answer 6

I'm not in South Carolina, but most state DWI/DUI statutes are extremely similar due to federal mandates.  

The status of the property (public or private) is irrelevant.  Most statutes simply read that it is a violation to be in actual physical control of a motor vehicle while being physically impair by the ingestion of alcohol or drugs, or while having a blood alcohol content of .08% or greater.  Motor vehicles mean just that, anything that can transport people with the use of a motor; i.e., cars, motorcycles, riding lawn mowers, ATVs.

Unfortunately, public accessibility to the property where the violation occurs is not an issue.

Answer 7

Just in case you are wondering Tim B is right..In SC it is illegal to be in control of a motor vehicle anywhere in the state...

Answer 8

I do not know about SC laws but in Illinois DUI is one of about 4 traffic charges that you CAN be charged with while on private property. The others would included leaving the scene of an accident, reckless driving, vehicular homicide etc.

Towing an illegally parked or tagged vehicle is done by some towns but only after all other methods have been tried. Towing is not cheap and cities generally do not want to be left holding a bunch of "Mechanics Leins" on towed vehicles to get their money back.

Answer 9

Being in a vehicle, under the influence, getting ready to drive away, is proof enough.