QUESTION
If a car will not start but is pushed by another car, is it considered a motor vehicle?
Asked on Dec 04th, 2012 on Criminal Law - Michigan
More details to this question:
A car was broken down on the side of the road. An officer pulled up and spoke to the occupants. The officer asked one of the occupants to get into the car and he would push it with his car so that they could get it off of the main road. After pushing the car (which would not start and had no power at all), the officer then performed field sobriety testing on the person he had steer the vehicle while he pushed. The person is now charged with driving under the influence. So the question is, is the vehicle not a motor vehicle if it is broken down?
6 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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What you are raising are very intricate fine points of the law that need someone experienced in DUI cases to make. I suppose it is a motor vehicle but was it was it being operated on a public road while the supposed driver was operating it? The consequences of a DUI are too severe to go at it alone so seek an experienced DUI attorney in your area to represent you.
Answered on Dec 06th, 2012 at 2:44 AM
Michael J. Breczinski
It was operated at the request of the police when the person was obviously intoxicated. They call that entrapment. That person should get a lawyer.
Answered on Dec 05th, 2012 at 9:41 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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A motor vehicle is a motor vehicle, whether it is operating or not. However, the person may have some defenses from the scenario you described. I suggest that he contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding his arrest. He/she would then be in a better position to analyze his case and advise him of his options.
Answered on Dec 05th, 2012 at 9:03 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Evan E. Zelig, P.C.
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Yes, the vehicle is still considered a motor vehicle in that situation; It will be interesting in that situation to see if they charge the person based on THAT specific operation of the motor vehicle, or based on evidence that the person was driving the vehicle prior to the officer's arrival. It is certainly an interesting case and you should contact an experience DUI attorney to assist you with the case.
Answered on Dec 05th, 2012 at 8:25 PM
No, it is still a motor vehicle. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Dec 04th, 2012 at 5:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The charge is operating and I would think the the ticket could be issued. Your theory is not the best of defenses.
Answered on Dec 04th, 2012 at 5:59 PM