QUESTION
Can I be convicted of DUI if I was already parked with the keys out of the ignition?
Asked on Sep 18th, 2012 on DUI/DWI - Michigan
More details to this question:
A supermarket called me in, saying I was intoxicated. Apparently they have a video tape of me driving.
10 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 22nd, 2013 at 2:34 AM
James Edward Smith
Yes.
Answered on May 22nd, 2013 at 2:33 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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More than likely, especially if they have video tape showing you driving erratically. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 21st, 2012 at 1:02 PM
Dennis P. Mikko
If it can be proved that you were driving and were intoxicated, you could be convicted. The video tape evidence may be sufficient.
Answered on Sep 21st, 2012 at 1:01 PM
Michael J. Breczinski
The tape may make a difference. It is probably time stamped and can relate to when the police encountered you.
Answered on Sep 21st, 2012 at 1:01 PM
Yes, although the State would have to prove that you actually drove the car when you were impaired for purposes of driving and with a .08% or more Blood Alcohol level beyond a reasonable doubt in a trial setting. They can prove by circumstantial evidence as well meaning that if hood of car was warm to touch and/or you admitted recent driving to Police. You could have a good case if no direct evidence of driving!
Answered on Sep 21st, 2012 at 12:57 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Based upon what you say and the fact that there is video tape.... yes, you can be charged with DUI.
Answered on Sep 21st, 2012 at 12:54 PM
Gary Moore
It is only required that it is proved that you were driving not too long before you were arrested. You need to confer with an attorney.
Answered on Sep 19th, 2012 at 4:09 PM
1 Award
If there is a video of you driving while intoxicated, then yes, you can be convicted. Hire a good attorney now to improve your chances of getting a favorable outcome.
Answered on Sep 19th, 2012 at 1:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds like there is a case and a possible defense, get an attorney now.
Answered on Sep 19th, 2012 at 1:10 PM