DUI CASE: CAN THEY CHARGE ME FOR A DUI IF IWAS NOT DRIVING SITTING IN MY CAR INFRONT OF MY HOME?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
DUI CASE: CAN THEY CHARGE ME FOR A DUI IF IWAS NOT DRIVING SITTING IN MY CAR INFRONT OF MY HOME?
I WANT TO KNOW CAN I BEAT A DUI CHARGE IF I WAS NOT DRIVING. I WAS DROPPED OFF FROM A BAR TO MY HOUSE BY FRIENDS IN MY CAR BECAUSE I WAS TO INTOXICATED DRIVE HOME… I WENT IN MY HOME AND CAME BACK OUT TO CHARGE MY PHONE WITH MY CAR CHARGER I FELL ASLEEP WIATING FOR TEXT WHEN I WAS AWAKEN BY THE POLICE…I WAS SLEEP IN MY CAR APPROX. 3HOURS BEFORE THE COPS CAME…THEY ASKED ME TO STEP OUT THE CAR AND GAVE ME ROAD SOBERIETY TESTS…THEY SEARCHED MY CAR WITH OUT MY PERMISSION AND FOUND A SHOT GLASS SIZE BOTTLE UNDER THE PASSENGER SIDE SEAT THAT BEEN THEIR FOR MONTHS AND CHARGED ME WITH AN OPENC
Asked on May 27, 2009 under Criminal Law, Georgia
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I'm not a Georgia lawyer. I think you need to hire an attorney in your area, because the argument you want to make might be possible, but it will certainly be at least difficult, depending on all of the facts of your case. One place to look for defense counsel is our website, http://attorneypages.com
Whether sitting in the driver's seat of a parked car is considered driving, for DUI purposes, is very much a subject of state law, which can differ from place to place, and this is probably not in the printed law, but in the decided cases.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.