QUESTION
Can I still be charged for a DUI for sleeping in my car?
Asked on Nov 11th, 2013 on DUI/DWI - California
More details to this question:
If my public defender tells me to plead guilty to a charge that I know is not valid, can I fight it? I was charged with a DUI. The night in question, I was sitting in my car sleep in a parking space. The car was not running and the keys were not in the ignition. The police report does not state anywhere that the keys are in the ignition and they were not visible.
9 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The question is not whether or not you can be charged, that is already occurred. Real question is whether or not you can be convicted. I would suggest you hire an attorney and attempt to defend yourself.
Answered on Nov 13th, 2013 at 4:27 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Look on the 'net for "actual physical control", short answer is Yes.
Answered on Nov 13th, 2013 at 8:08 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Fight it. Get a lawyer. If the cops didn't see you drive there is no DUI as the D stands for .... Drive.
Answered on Nov 13th, 2013 at 8:08 AM
I'll take a stab and the keys were in your possession. Listen to your attorney.
Answered on Nov 13th, 2013 at 8:07 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Sounds like a good case to fight. I would file a motion to dismiss. Ask the judge for a different lawyer or hire your own.
Answered on Nov 13th, 2013 at 8:07 AM
Yes, via circumstantial evidence. Which is why you need to hire a DUI specialist, because your facts are way too nice to plead guilty without a fight. With a PD, you will get what you pay for and be convicted.
Answered on Nov 13th, 2013 at 8:06 AM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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The keys do not have to be in the ignition and the car does not have to be running in order for you to be convicted of a DUI. Whether you can be deemed as in "actual physical control" of the vehicle, as the law requires, depends on all of the relevant facts, but from what you've stated in your question, it appears that you could be convicted of a DUI. You can still always choose to take the charge to trial, but it does not sound like your public defender's suggestion is completely off base, as you'd have to prove a lot more than just the fact that the keys were not in the ignition or visible.
Answered on Nov 13th, 2013 at 8:06 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, you can be charged for DUI, you have been charged, you are actively defending these charges. If your car was lawfully parked it seems hat you have at least one defense, you may want to get a copy of your police reports and get a second opinion. Many lawyers in your area will likely be happy to meet you to discuss the facts of your case and possible defenses.
Answered on Nov 13th, 2013 at 8:06 AM
Based on what you are saying you should not plead guilty. Tell your PD that you will not plead guilty and want to go to trial if the DA will not drop the charge. Unless the police have a witness that saw you drive up and park there, they do not have a case. I assume that you did not tell them that you drove there shortly before they found you.
Answered on Nov 13th, 2013 at 8:06 AM