QUESTION
How can you get a driving while influenced conviction for a car that cannot run?
Asked on Jul 11th, 2014 on DUI/DWI - California
More details to this question:
My kid took my truck without my permission. It's an old truck with problems. He was intoxicated (.09 according to the cops). Kid entered the car, tried to start it, but it would not start. Car is non-operational, and is now being repaired. He was charged with DUI. I'm incredibly incensed at my kid, who is costing me major bucks even to get the car out of impound, but I don't see how you can have a DUI for a non-operational car. Keys were in the ignition, he was trying to start it, officer heard him cranking over and over the engine, and investigated because of this. I think he ought to ask the judge to dismiss the case because he couldn't have driven the car. If the judge does not dismiss, I think he should get representation and fight it.
6 ANSWERS
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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You need to hire an attorney as this case is defendable.
Answered on Jul 17th, 2014 at 5:08 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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He needs a lawyer. He will not be able to present his case properly. Either get a public defender or private attorney.
Answered on Jul 15th, 2014 at 12:04 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Depends on the state, but in California there must be movement of the vehicle.
Answered on Jul 15th, 2014 at 8:13 AM
He needs to hire a DUI specialist. This is not something he can do by himself, not if he wants a dismissal.
Answered on Jul 15th, 2014 at 4:23 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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He should get representation prior to his court date. A judge will most likely not dismiss a case based upon you or your kid's assertions that the truck was not operational at the time. Most likely an attorney will have to file a motion to dismiss and request a hearing on the dismissal.
Answered on Jul 15th, 2014 at 4:22 AM
Criminal Law Attorney serving Beverly Hills, CA
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Law Office of Mark Rosenfeld
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You should not wait to get representation. If you think a Judge is going to dismiss the case because a kid says so you got another thing coming. As judge will not even listen to your son except to hear guilty or not guilty. In California you need driving or movement of the car to be a DUI. It does not matter if the car can run only that it moved. If it did not move... you have a good defense but it must be handled properly... both at the DMV and in court. Get a good lawyer ASAP. Mark Dedicated to the defense of good people accused of driving under the influence.
Answered on Jul 14th, 2014 at 12:54 PM