DUI & Not Driving

[jetzon]

Friend of mine " Not Me" car broke down on the side of the road. There was No room to move his car off the road. a cop pulled up and gave him a DUI. His keys were Not in the ignition and stated that he's been sitting there drinking. He's going threw some rough times with G-friend and work. Can they do that? Wouldn't that be more of a drunk in public "DIP" charge? He lives in Virginia.

Thanks for Any help
Jetzon

 

[FlyingRon]

He certainly can be charged and perhaps even be convicted. The keys not being in the ignition is not enough to show he wasn't operating. He needs a lawyer big time. If the car was totally disabled and he hadn't started drinking until after it broke down, a savvy lawyer might get around it. However, that's a stretch.

 

[lenny71]

He certainly can be charged and perhaps even be convicted. The keys not being in the ignition is not enough to show he wasn't operating. He needs a lawyer big time. If the car was totally disabled and he hadn't started drinking until after it broke down, a savvy lawyer might get around it. However, that's a stretch.

This is Virginia. Call a dui specialist. If the keys were outside of the car when officer arrived and there was no witness, he can get off with decent council.