Can I get an operating while intoxicated when I am on pay phone with 911 with keys in my pocket?

Question

I received an Operating while Intoxicated in 2008. I was not driving the vehicle. I was far from the vehicle. In fact, was on the pay phone with 911 to get the vehicle towed when the cops arrived. I tried calling home first, but some of the numbers on phone were permanently stuck preventing me to push the numbered digits that I needed. When the cops arrived, I hung up the phone and then approached the officer with my keys in my pocket. The officer asked if I was the driver of the vehicle, and if I was drinking earlier. I stated I was the driver of the vehicle, but did not state actually driving while drunk. Police report does not show anything about me admitting to driving. It does show that I admitted to drinking. They asked if I was drinking after the vehicle was stuck, I said no. There were no witnesses who could show I was driving, nor did the cops witness me driving. Can I still get an operating while intoxicated with the vehicle stuck in the sand off the edge of parking lot with the rear of vehicle up in the air and me not being near it? This is obviously four years later. I have already pleaded guilty and have done all that was required of me as far as punishment goes. It was my first offense resulting in a Class C misdemeanour. I am wondering if I can still change this four years later.  Thanks in advance.

Michael Palumbo · Answer

You can hire our office to move the court to vacate the conviction.

Leonard A. Kaanta · Answer

Yes.

Stephen Freeborn · Answer

Based upon the facts as you have described, the answer is Yes.

Michael J. Breczinski · Answer

No you can't change this four years later.  If you were going to fight this you should have done it back then.

Larry Dunn · Answer

In Nevada the time to appeal a conviction is only 10 days after pleading or   being found guilty. Although there were no eyewitnesses to your driving,  there  was circumstantial evidence such as being in possession of the keys  and  admission to driving. The only way to assess if there was enough evidence  to  support a conviction would have been to require the State to prove the  case  beyond a reasonable doubt at trial.

Willie Stephen Graves · Answer

Tough to fix four years later, but if you were under age 21 at the time you might be able to expunge the conviction from your record.

James Gandy · Answer

You probably should have fought this one.  Unfortunately, now, there is little that can be done to change the outcome.

Terry Nelson · Answer

Yes.    And, they can convict you if they can prove you were driving UI.   Can still change this four years later.  Of course not.

Janis Blough · Answer

If you pleaded guilty, it's probably too late.  If you have no other convictions, an experienced attorney could help you could seek an expungement, but that won't erase the DUI from your driving record.  Good Luck!

Steven Alpers · Answer

Yes. Even if the case was questionable, it is much too late to do anything now.

Nathaniel Shafer · Answer

Changing your plea four years later is not going to be practical. If you had mounted a defense to the charge back in 2008, you would have had a good case.

Timothy Klisz · Answer

No. One it's too old and two, you were guilty because of the admissions and the evidence against you.

Michael Nichols · Answer

Interesting case facts. They can charge you - I'm not sure they can convict you.

Gregory Crain · Answer

Yes, you always have the right to remain silent.  You should have used that right.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can I get an operating while intoxicated when I am on pay phone with 911 with keys in my pocket?

14 ANSWERS

Find Local DUI/DWI Lawyers

Helpful Resources

Ask a Lawyer