QUESTION
Can I win a DUI case if it is my first offense and I was sitting in a parked car on private property?
Asked on Feb 10th, 2013 on DUI/DWI - Michigan
More details to this question:
Sitting in the parking lot waiting for my wife to come out.
11 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The important questions are when were you drinking before arriving at the parking lot? What was your BAC level? Why did the police stop and investigate? I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He or she would then be in a better position to analyze your case and advise you of your options.
Answered on Feb 13th, 2013 at 2:23 PM
John J. Carney
If you are behind the wheel with the keys in the ignition you are "operating" the vehicle and could get a DWI or DWAI violation, but will not beat the case entirely, that is usually only possible when you are outside the car or not behind the wheel.
Answered on Feb 13th, 2013 at 2:19 PM
A person commits operating while intoxicated when he is driving on public roads, in a private area that is generally accessible to the public or in an area that is designated for the parking of vehicles. You have a better chance of beating this if the property was residential. If the car was parked the questions would be, was this an area that was designated for the parking of vehicles? Also, was the car in ignition? If your attorney can argue that you had not driven the car from the property, a jury might take your side. I would have to know more, but on the face of it this sounds like a case that I would take to a jury trial or get a deal with the prosecutor where you would plead to reckless driving.
Answered on Feb 12th, 2013 at 11:01 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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It may be possible. Many more variables need to be determined here. A DUI requires "driving" as an element, but it is possible to establish that element by circumstantial evidence. Contact a DUI lawyer in your area to discuss the details of your case in more detail.
Answered on Feb 12th, 2013 at 10:58 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You should discuss this with a DUI attorney, while there are many variables, if you were lawfully parked the prosecution must prove you were driving and that you were under the influence when you were driving which seems difficult under the facts you cite. The private parking lot is likely a "red herring" as most parking lots have signs posted that permit the enforcement of the vehicle code on their grounds.
Answered on Feb 12th, 2013 at 10:57 AM
The best thing you can do to win a DUI case in Honolulu, is to hire an aggressive attorney that will fight for you and not just plead you out. The fact that you were on private property and just "sitting" in the car can be used to your advantage provided you hire an attorney that will fight. Get a free consultation and don't plead to first time DUI!
Answered on Feb 12th, 2013 at 10:56 AM
3 Awards
What you need is an experienced criminal defense attorney. Is this case from WA state?
Answered on Feb 12th, 2013 at 10:55 AM
You can if you have someone who knows what he is doing to defend you in court. By yourself you have ZERO chance, because they can use circumstantial evidence to show that you were driving just a moment prior. you need to hire a lawyer soon because you have only 10 days to save your license.
Answered on Feb 12th, 2013 at 10:55 AM
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It's always possible to win a DUI case. Juries are less likely to convict if you were not actually driving drunk. Utah law requires that you have "actual physical control" of the car, which does not mean you have to actually drive it, but in practice juries find such people not guilty pretty frequently. Hire a good lawyer and you have a better chance of winning.
Answered on Feb 12th, 2013 at 10:54 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The prosecution will have to prove that you were driving on a public roadway while intoxicated. Reasonable inferences can be drawn to meet their burden. There is no way to tell how strong or weak your case is without reviewing the entire case file and police reports. A lot is at stake, even for first offenses. Not only do you face possible jail, fines, costs, probation, vehicle immobilization, higher insurance premiums, driver's responsibility fees, and points on your driving record, but a conviction that can never be expunged. This can sometimes impact your career and mobility so a good, experienced DUI attorney is a great investment. They will more than pay for themselves in what they can save you.
Answered on Feb 12th, 2013 at 10:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps you have a defense.
Answered on Feb 12th, 2013 at 10:53 AM