QUESTION

Does the state have a case for DUI if the car I am in is not drivable?

Asked on Sep 03rd, 2014 on DUI/DWI - Pennsylvania
More details to this question:
I fall asleep in the car. Car had right rear flat tire and was not drivable. The keys are in my pocket. I was parked in a private lot. I refused the field sobriety and BAC breath tests. I also have an out of state license.
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
I think you have a defense given those facts and not knowing anything else. This may not prevent the police and DA from filing but it is a trial defense as they cannot prove operation of a motor vehicle or intent to do so.
Answered on Sep 04th, 2014 at 7:43 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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