1st offense

[MaryBee]

What is the name of your state? Indiana
My husband was at a casino gambling. Around midnight he went out to his truck to get a coupon he had for a free night to stay at the casino's hotel knowing he couldn't drive because he had been drinking (it was snowing pretty badly as well). He gets in his truck and starts the truck to warm it up because he had to check his messages (he's self-employed, so he gets alot of phone calls for homes). The casino cops came out and arrested him for an OWI. He blew a .09. We have retained an attorney who is supposed to be checking the casino tapes in the parking lot. My question is this...they've offered a plea for 90 day driving suspension and court fees. Should he take the deal or take it to court to prove he had no intention of driving. He's NEVER driven while drinking and never intended to. Thanks!

[JETX]

Originally Posted by MaryBee

Should he take the deal or take it to court to prove he had no intention of driving.

Intention has nothing to do with this. He was drunk, he was behind the wheel (in control) of a vehicle. The engine was running. He is guilty.

Now, whatever 'deal' he takes or whether he takes one at all... should be based on the FACT that, from your post, he is guilty as hell.

[BigMistakeFl]

Your husband was technically operating a motor vehicle. I've heard of successfully prosecuted DUI cases where the man was just in the car with the keys in the ignition and the car not even turned on. He should check his messages in warmth of the casino. If you can get the surveilance tapes, you might be able to prove that the car was not driven. That will be up to the case your lawyer makes and the prosecutor. Do not expect a judge to see it anyway other than DUI.