QUESTION
Can I be convicted of DWI if my key were not in the ignition?
Asked on Nov 09th, 2013 on DUI/DWI - Michigan
8 ANSWERS
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You should not be!
Answered on Nov 13th, 2013 at 2:49 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It depends on the facts. They would need some evidence that you were driving or in close proximity to operating a motor vehicle on a public road while intoxicated.
Answered on Nov 12th, 2013 at 6:13 PM
Yes, via circumstantial evidence. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Nov 12th, 2013 at 6:12 PM
Yes. Or actual physical control, or other variation in your jurisdiction. Hire counsel.
Answered on Nov 12th, 2013 at 6:11 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Yes. On the net research "actual physical control".
Answered on Nov 12th, 2013 at 6:11 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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This is difficult to answer, the truth is "maybe" it depends on other circumstantial evidence. You should contact a DUI defense attorney near you to discuss the facts of your case, you may have a winning case but it will depend upon other facts in addition to the fact that your keys weren't in the ignition.
Answered on Nov 12th, 2013 at 6:10 PM
2 Awards
The police officer does not have to see you drive the car to charge you with DWI. If the government can prove its case beyond a reasonable doubt is another question entirely. The government will use facts such as, car hood warm to the touch, keys in your possession, admissions of driving, ect. to prove that you were driving the car. If the government can prove this beyond a reasonable doubt is a whole new issue, you would retain a DUI attorney in your area to review the police reports and decide on the best defense action.
Answered on Nov 12th, 2013 at 6:09 PM
Michael J. Breczinski
They have to show that you were operating the vehicle.
Answered on Nov 12th, 2013 at 6:02 PM