QUESTION
can you be given a dwi ticket if you were never seen driving the car?
Asked on Nov 05th, 2012 on DUI/DWI - New York
1 ANSWER
Criminal Law Attorney serving Yonkers, NY
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Richard F. Sweeney, Attorney at Law
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Yes. The issue is whether you intended to drive while intoxicated. Thus, if a person is sitting in the driver seat with the key in the ignition and is drunk, the police can charge that person with Driving While Intoxicated. The person did not actually have to be driving or seen driving. The case could be brought for a jury to decide.
Answered on Nov 24th, 2012 at 11:33 AM