QUESTION
Is it legal for my wife to be charged with DUI if she’s already in my drive way?
Asked on Mar 27th, 2014 on DUI/DWI - Nevada
More details to this question:
My wife had dinner and drinks with coworkers after work, came home and started packing to move to in. The power is shut off to the house. It was getting late and she needed to charge her phone. So out to her truck, she goes charging her phone at 9:30 and falls asleep when doing this. Next thing she knows she is being pulled out of her truck by the officer and getting a DUI, at 1:30 or 2:00 in the morning. Please help if you can.
8 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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She is SOL.
Answered on Mar 31st, 2014 at 7:14 PM
She needs to hire a DUI specialist, and do it soon because she has only 10 days to save her license.
Answered on Mar 31st, 2014 at 7:14 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It sounds like she may have some defenses including the reason for the initial police contact. Retain an experience DUI attorney in your area to fight this.
Answered on Mar 31st, 2014 at 7:13 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Under these facts the prosecution will have difficulty pricing their case, a DUI defense attorney can help her defend against these charges.
Answered on Mar 31st, 2014 at 7:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need to have all the details and circumstances, but generally a person in a position to operate the vehicle who is inebriated can be charged with DUI even though the vehicle is not actually moving.
Answered on Mar 31st, 2014 at 7:12 PM
James Edward Smith
You can be charged with a DUI whenever and wherever you are in control of the vehicle while under the influence.
Answered on Mar 31st, 2014 at 7:12 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I would need to know the facts. But if someone observed her driving, she could be.
Answered on Mar 31st, 2014 at 7:12 PM
Michael J. Breczinski
Were the keys in the ignition? Was the car running? These are things that go to "operating a motor vehicle" that most States have in their law.
Answered on Mar 31st, 2014 at 7:12 PM