I dove up my driveway to my mail box to get my mail and had been at home having some drinks. When I went to back up, I put my standard car in the wrong gear. Instead of backing up, I went over my bank onto my property. The police are trying to charge me with DUI. Can they do this? I was never on the black top road. I was never off my property.
I think you have a reasonable technical defense. But you will probably have to raise it in a motion to dismiss, after charges are filed and the case is underway.
If you are driving around drunk on your own property you can get a DUI. Just like if you were shooting people on your own property you could get arrested for shooting people.
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