QUESTION
Can I be charged with dui if I was parked, in the back seat, and the keys were in my cup holder up front?
Asked on Jun 12th, 2013 on DUI/DWI - California
More details to this question:
I was driving in California. My car overheated and I had pulled over on the side of the highway. I took the keys out of the ignition, set them in my cup holder, and then climbed into the back seat where there was shade. After about ten minutes or so, an officer pulled up. He had suspicions and had me do a field sobriety test, and I was charged with misdemeanor dui. Also, I don't live in California.
3 ANSWERS
Criminal Defense Attorney serving Santa Rosa, CA
at
Michael T. Lynch
Update Your Profile
Yes. Based on just the facts provided, it sounds like the arrest would be lawful, and you might even by charged by the DA. However a conviction might be difficult. It would have to be proven that you had been driving. Short of that proof it does not matter if you were under the influence or not.
Answered on Jun 12th, 2013 at 10:40 PM
Geoffrey MacLaren Yaryan
You can be charged, but the issue is can you be convicted. If the circumstances prove you were driving then you can be convicted. If the prosecution can prove it would have been impossible for anyone else to have been driving then that could satisfy that element of the case. Not living in California is not particularly relevant to the case.
Answered on Jun 12th, 2013 at 10:40 PM
Bankruptcy Attorney serving Irvine, CA
at
Chambers Law Firm, P.C.
Update Your Profile
Yes, but you may have a very good defense. You need to hire experienced counsel immediately.
Answered on Jun 12th, 2013 at 1:37 PM