QUESTION

Do I have a chance of winning this DUI case since I never turned the car on?

Asked on Oct 20th, 2014 on DUI/DWI - Virginia
More details to this question:
On July 05, 2014, I let myself become extremely intoxicated at a bar, and stumbled out of the bar, where police were called. As they were pulling in, I was walking to my vehicle that was in a parking spot at a local grocery store with other shops, and made it to the driver's seat. I never turned the car on, and the officer states she saw hand movement pulling keys out. I blew a 0.24 at the station, which is very high. The deal is first offense DUI, with BAC certificate removed from table. Therefore no mandatory jail. Although I was wrong for being very intoxicated, the vehicle was not operated at any point, I was not on a highway by definition, and I was cooperative. Should I gamble and take this to bench trial? Lesson learned either way for sure as this is the most negative experience I've ever had. Regards.
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1 ANSWER

Reckless Driving Attorney serving Richmond, VA
Partner at Mattox Law
2 Awards
Did you ever put the keys in the ignition at any point. I imagine your memory is not the best but if the officer is only going to be able to testify that you were reaching in your pocket for the keys and never put them in the ignition or in any way "operated" the vehicle they will not be able to find you guilty of DUI.
Answered on Oct 22nd, 2014 at 6:10 PM

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