QUESTION
How can I get my DUI charge dropped if I was just sitting in the car, not driving?
Asked on Jan 21st, 2013 on DUI/DWI - Michigan
More details to this question:
I was arrested for a DUI (OWI) but was not driving. I was just sitting in the driver's seat with car running. I knew I could not drive home because I was intoxicated and told the officers that. However, I did not tell them until after the arrest that the reason I was parked where I was parked was because I was driven there and sexually assaulted. Can my DUI charge be dropped?
11 ANSWERS
John J. Carney
You should have gotten out of the car. If you were behind the wheel with the engine running then you were "operating the vehicle." Retain a good criminal lawyer to try to get a DWAI violation instead of a DWI conviction.
Answered on Mar 11th, 2013 at 7:38 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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It is extremely doubtful that you will get out of this charge.
Answered on Jan 21st, 2013 at 9:22 PM
Not unless you hire a DUI specialist, and do it soon because you have only 10 days to save your license. By yourself you have ZERO chance.
Answered on Jan 21st, 2013 at 9:21 PM
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If the only reason for driving was to escape a sex assault, then you may have a defense, provided you did not have another option and you stopped driving once you were safe.
Answered on Jan 21st, 2013 at 6:45 PM
Michael J. Breczinski
Get an attorney and fight this matter and cooperate with prosecuting the attackers. Normally just having the car running is enough for a DUI since they consider it to be operating the vehicle. In this matter the circumstances may be a defense.
Answered on Jan 21st, 2013 at 6:43 PM
Civil Litigation Attorney serving Newport Beach, CA
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Chapin, Holiday, Vargas Attorneys at Law
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It needs to be brought to the attention of the DA.
Answered on Jan 21st, 2013 at 6:43 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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You might be able to get your case dropped by completing a diversion program (if eligible) but the fact that you weren't driving strangely isn't a defense. The crime is operating a motor vehicle and people are convicted all the time for doing what you are accused of doing. A jury may be sympathetic to your case but the prosecutor isn't likely to simply drop your case.
Answered on Jan 21st, 2013 at 6:42 PM
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I handle all types of Criminal cases throughout Eastern WA state. Where did this occur?
Answered on Jan 21st, 2013 at 6:42 PM
You could argue that you were not "operating" the vehicle. The argument would be that you did not place the vehicle in a position where it could cause a significant risk of collision. You would have to convince the judge/jury that you were not going to move the vehicle at all and that you weren't going anywhere.
Answered on Jan 21st, 2013 at 6:41 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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YOU will never get that case. You need a really good lawyer. The question is not whether you are driving, but whether you are "operating" a motor vehicle. There have been cases which are factually similar to yours in which people have been convicted and their convictions upheld.
Answered on Jan 21st, 2013 at 6:40 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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A good strategy is to go to trial and make the government prove operating.
Answered on Jan 21st, 2013 at 6:39 PM