+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 19
  1. #1
    johnny99 Guest

    Question DUI Charge - vehichle stopped/not running

    California - I was stopped and cited with a DUI while sitting in my vehicle listening to some CD's. The vehicle was not running or moving? Any ideas on this?
  2. #2
    OnlyOneVoice Guest
    I can't be sure, but unless the officer actually saw you driving the car, the DUI may not stand.

    How long had you been sitting still listening to CD's . Is it possible the officer saw you pull up and park?
  3. #3
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,916

    Re: DUI Charge - vehichle stopped/not running

    Originally posted by johnny99
    California - I was stopped and cited with a DUI while sitting in my vehicle listening to some CD's. The vehicle was not running or moving? Any ideas on this?
    **A: on of my ideas is that you were cited as being under the influence and having control of a motor vehicle. The vehicle need not be running or moving.
  4. #4
    johnny99 Guest
    I had been in a bar for some time and went out to sit in my car and listen to CD's for approximately 5 to 10 minutes. I'm not sure if the officer had received a complaint earlier about my driving or not. I have yet to see the report. I think that the key is whether the keys were in the ignition or not, which would signify intent to operate the vehicle. I'm not sure about that though.
  5. #5
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,916
    Originally posted by johnny99
    I had been in a bar for some time and went out to sit in my car and listen to CD's for approximately 5 to 10 minutes. I'm not sure if the officer had received a complaint earlier about my driving or not. I have yet to see the report. I think that the key is whether the keys were in the ignition or not, which would signify intent to operate the vehicle. I'm not sure about that though.
    **A: you can think and guess all you want. Let me tell you that the prosecutor and judge will not be using the same methodology. They will be using state statutes to convict you.
  6. #6
    johnny99 Guest
    Home Guru - I'm not questioning the morality of DUI. I feel it is wrong and am glad that I was not operating the car and that nobody was hurt. My question is simple - does anyone know the technicality of whether a car must be moving/operating or have the keys in the ignition in order for a DUI to be issued. Now whether I was sitting there waiting for a friend I had called to comp pick me up is besides the point.
  7. #7
    GKris Guest
    It all depends on the local Da and which one will actually handle the case. Some say being in control means car running, in drive, foot on brake. Some say simply being in the vehicle and keys in hand. Its all a matter of opinion and its the DA' opinion that counts
  8. #8
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,916
    Writer, why were you stopped? You were in the vehicle and the keys were in the ignition because you were using your car battery to operate your CD player correct? Now exactly where was your vehicle parked ie, on private property or public?
  9. #9
    johnny99 Guest
    The car was parked on private property (bar's property) where I had been drinking. Why the officers had suspicion to stop me I am not sure yet. I am still waiting for the arrest report to be turned in so that I can obtain a copy and review it. Yes, I was intoxicated. To what extent and for what reason I was charged with DUI is still pending. I guess I'll just have to be patient. Thanks for the replies though.
  10. #10
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,916
    You did not answer my 2nd question.
  11. #11
    johnny99 Guest
    My car CD player can be operated with or without the keys in the ignition. I do not recall whether they were in the ignition or not. That is why am waiting for a copy of the arrest report.
    Last edited by johnny99; 05-13-2003 at 03:45 PM.
  12. #12
    DogToenails Guest
    Where I'm from, you only need the car-keys in your possession while in the car. I know of a guy that was getting his jacket out of his car at a bar. The police officer rolled in and asked him where his keys were. He showed him that they were in his pocket and he was arrested and CONVICTED of DUI. If you get an attorney, you may be able to get it reduced to a lesser crime such as Public Intox. It sucks, but the law is the law.
  13. #13
    Delshmat Guest
    A good attorney can try to challenge the Dui charge here.

    He/she might try "the rising bac defense" based upon your were sitting in your car for a period of time BEFORE YOU PUT THE KEYS IN THE IGNITION. as long as your keys were not in the ignition for a period of time, that time can be counted towards

    "the rising bac defense" So "you were sitting in your car for 15 minutes before you put the keys in the ignition.. haha

    seriously,,,consult with a good dui defense attorney in your area.

    Most States list the dui statute somewhat like this;

    "dui/dwi defined, where as to under the influence of alcohol and/or any other substance that impairs the driver;

    "if the driver operates or is in PHYSICAL CONTROL on any road, highway that is maitained by the local county and/or an area where the public has access to wit;"

    You meet The Physical control part and the part where the public has access to wit.

    However, if you were on the front lawn of the bar's property, i.e, you jumped the curb then you were in your car, sitting on the lawn, as long as the cop did not see you "driving in an area the public has access to" Your dui charge would be thrown out. The lawn area is an area where the "public does not have access" a bar's parking lot IS AN AREA THE PUBLIC HAS ACCESS TO.


    Did the cop ask you questions like if you were driving the car. how much have you been drinking, have you beem drinking? HOW LONG HAVE YOU BEEN IN YOUR CAR..Thats somewhat a key point..There are other technical defenses as well.. Consult with a lawyer in your area.. Peace
  14. #14
    Delshmat Guest
    johnny99.

    As well, the cop might "lie" either way. Truly, despite what others say here, IF YOUR KEYS ARE NOT IN YOUR IGNITION, YOU ARE NOT IN PHYSICAL CONTROL OF YOUR CAR PERIOD.. The US Supreme court has ruled on this before. Someone mentioned a guy got a dui while his keys were in his pocket. Any half ass defense lawyer would have got the charge not reduced, but CHUCKED OUT. People can argue all day long here, but physical control is physical control of the vehicle.. One cannot be in physical control of a vehicle IF THE KEYS ARENT IN THE IGNITION..

    There are also cases where a driver is sitting in the back seat while the keys are in the ignition, this is not physical control either, unless one can drive one's car from the backseat!!

    The "Key" is in my opinion and based on various state ans us supreme court rulings, YOU HAVE TO BE IN THE DRIVERS SEAT WITH THE KEYS IN THE IGNITION=PHYSICAL CONTROL OF THE VEHICLE.

    Just because people have been convicted when their keys have not been in the ignition does not mean they were truly guilty. It means they either had no counsel, or krap counsel..

    As far as my other post about the felony evading. For you morons here;

    Did I ever say I am alleged to have done those actions?

    How do you not know I am not the clients attorney, and was testing the waters here? Jeez
  15. #15
    Delshmat Guest
    Physical control, what does it mean and what does it NOT MEAN?


    Sitting in the drivers seat.. without the keys in ignition, Keys in your pocket or on the dashboard/passgengers seat;

    You cannot put the car in drive, reverse, etc. However, if the keys are within an arms reach, there have been cases that determined that this was physical control, because while in the drivers seat, you could have reached over to insert the keys in the ignition, or reached in your pocket. Now if a cop asks you "did you know your keys are on the drivers seat?"

    If you say "NO" then perhaps this can eliminate the notion you were in physical control of your vehicle, because you are not aware the keys are around, hence, you cannot reach over to pick up that which you are not aware of.

    The same applies for your keys in your pocket. I would not contest the bac here(unless it was contestable) and argue that "my client was not aware his keys were in his pocket, nor on his dashboard/seat because my client was legally impaired."

    What is not physical control;

    Keys not in ignition, keys out of arms reach, i.e, Keys on the backseat of car, Keys in your trunk.. KEYS IN THE IGNIGTION, BUT YOU ARE ON/IN THE BACKSEAT OF YOUR CAR.. You cannot control your car while you are sleeping/sitting in the backseat of your car, NOT IN THE DRIVERS SEAT... Can you put your car in drive while sitting in the backseat? I do not think so. Pysical control basically comes down to whether or not you were in a position to actaully operate your vehicle, at the very moment the officer encountered you. As well here, He/she needs probable cause to encounter you. I would look specifically first at the officers statments as to why he approached your vehicle and what he liosts in the misdemeanor arrest report as his intial probable cause to engage you.


    It really has nothing to do with your specific intent. Dui is a general intent crime. Specific intent is moot here. I hope my posts have given you some help.. Peace PS.. GET A DUI LAWYER NOW!! Find one who knows his krap, and one who is certified in the field sobriety area. Your really good dui lawyers are certified in at least the HGN area, because HGN is somewhat easily challengeable.

Similar Threads

  1. Best case scenario for running a stopped school bus in NC?
    By Lolo987 in forum Speeding and Other Moving Violations
    Replies: 10
    Last Post: 01-31-2012, 03:33 PM
  2. Stopped for running red light, also charged with driving with a suspended license...
    By asherzai21 in forum Speeding and Other Moving Violations
    Replies: 6
    Last Post: 08-02-2009, 06:11 PM
  3. legality of running driving record when not stopped for driving violation
    By msmith29 in forum Arrests, Searches, Warrants & Procedure
    Replies: 5
    Last Post: 01-03-2006, 05:52 AM
  4. Advice on running from drug charge.
    By Locu in forum Drug Charges
    Replies: 13
    Last Post: 04-16-2003, 12:49 PM
  5. Running From Charge
    By ReverendQ in forum Drug Charges
    Replies: 0
    Last Post: 02-23-2001, 12:35 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.