QUESTION
Can I fight this DUI and win if my car was never in motion and nor did I intend to drive?
Asked on Mar 27th, 2014 on DUI/DWI - California
More details to this question:
I was charged with a DUI while sitting in my car after someone had hit me in the face. I sat in my car to remove myself from a toxic situation. The police were called as I was calling for a ride.
10 ANSWERS
Michael A. Colavecchio
In this situation, you have a good chance of winning.
Answered on Mar 31st, 2014 at 7:00 PM
Michael J. Breczinski
Was your key in the ignition? Was the vehicle running? These questions are relevant to the issue of "operating a motor vehicle". This may be a good defense.
Answered on Mar 28th, 2014 at 7:19 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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If you were in "actual physical control" of the car you are caught.
Answered on Mar 28th, 2014 at 7:18 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It depends upon where the car was parked. If it was on or just off a public road, the logical inference would be you drove it on a public road to get it there. That does not necessarily mean you will be convicted or your case won't get dismissed with a proper motion. There maybe other problems with the case as well such as with the evidential breath test. That is why it is extremely important that you retain a highly experienced and skill DUI attorney in your area.
Answered on Mar 28th, 2014 at 7:18 PM
Not by yourself you won't. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Mar 28th, 2014 at 7:18 PM
James Edward Smith
Tell it to the Judge but he won't buy it. Whenever and wherever you are in control of a vehicle while under the influence you're fair game DUI.
Answered on Mar 28th, 2014 at 7:17 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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The prosecution definitely has a problem under these facts, you will likely need a DUI defense attorney to advance the defense and hopefully help you avoid conviction.
Answered on Mar 28th, 2014 at 7:17 PM
Yes, you can be charged with a DUI while sitting in a car without the engine running. The police hear this all the time, so it's understandable why they don't believe someone when they claim they weren't planning to drive.
Answered on Mar 28th, 2014 at 7:17 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get a very good attorney, generally if you are in a position to operate the vehicle is possible to be cited for DUI.
Answered on Mar 28th, 2014 at 7:17 PM
Absolutely. It's a bit of a borderline case, but the government must prove driving beyond a reasonable doubt. Should be grounds for dismissal, trial win or at least a good deal. Consult with some local attorneys soon.
Answered on Mar 28th, 2014 at 7:16 PM