QUESTION
Since the area was not properly marked as closed is there a chance that I can win the DUI cases?
Asked on Jan 28th, 2013 on DUI/DWI - Michigan
More details to this question:
I was parked in a parking lot at a park. The police approached and asked me for license and registration. The officer smelled pot and I was arrested for DUI.
7 ANSWERS
Michael J. Breczinski
Well you were parked. Was the car running? If the car was off and no one is able to prove you were operating the vehicle then hey can't prove the case.
Answered on Feb 01st, 2013 at 9:28 AM
No, it doesn't matter if it was closed. You need to hire a DUI lawyer to represent you.
Answered on Jan 30th, 2013 at 2:47 PM
1 Award
You may win a DUI case, but it is probably a better argument that you were not in "actual physical control" of the vehicle. If you admitted to the cop you had been driving, this may be a moot point. Talk to a lawyer to discuss the specifics of your case.
Answered on Jan 30th, 2013 at 2:46 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
Not on that basis. The officer can approach you any time. Once he smelled pot, he had the legal right to conduct an investigation. You need a lawyer.
Answered on Jan 30th, 2013 at 2:46 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Not enough facts, but doubtful. All that is required for DUI is operation of a motor vehicle while under the influence.
Answered on Jan 30th, 2013 at 2:46 PM
Drug DUI is very defenisble, because the concentration is very difficult to prove. But you'll need to hire a DUI specialist, because by yourself you are just a sitting duck for the prosecutor.
Answered on Jan 30th, 2013 at 2:44 PM
Criminal Defense Attorney serving Brighton, MI
at
The Law Office of Steven M. Dodge, PLLC
Update Your Profile
Probably not. The spot where they found you must only be a place available for public travel. Write if you have more questions.
Answered on Jan 30th, 2013 at 2:44 PM