Quote:
Originally Posted by pickrel pat
Nope.
If he told officer he was going hunting and planned on shooting 11 geese when the limit was 10, can he be charged with over possesion? Same thing. He has to act on it. If you bought a 6 pack and was stopped by police and you told them that later on you planned on drinking it and driving can you be charged with operating a vehicle with a blood alcohol level over .08 yet?
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Your 08 comment, cop has no idea if 6 beer would put me over nor does it imply I am going to drink them in 1 hour or 10 hours before driving.
Now lets say you are drunk and sitting behind the wheel of your vehicle, not driving, just parked sleeping. 08 guaranteed even though you are not driving.
Tell you about a buddy named Len. Was back at camp when officer showed up and asked what they were all hunting for. Len, being a wise bum said elk. Unfortunately no elk season in the WMU they were in. Judge told him not to get too excited about buying any hunting licenses the next year.
Think the CO is on fairly firm ground here.