sleeping in car...

[newtch]

What is the name of your state? Illinois. Sleeping in a parking lot. I was leagily parked. I was not obstructing any traffic. The car was off but i was in the drivers seat. Do i maybe have a chance. The officer wrote in his sworn statement that I was sleeping so heavilly he had to work to wake me up. So can he prove i was in physical controll of the car. Was it a wrongfull stop since i was lawfully parked? Also at first i pretty much had all of the paperwork and none of it was sent to the State or the court so how did they eventually get the information.

[fagettaboutit]

Originally Posted by newtch

Also at first i pretty much had all of the paperwork and none of it was sent to the State or the court so how did they eventually get the information.

I don't understand the question, can you please explain?

As for the arrest, it happens all the time. It's part of the DUI MADDness. A person does the right thing by not driving, but they can still be arrested for DUI even though there was no "D".

There's another poster who had the same thing happen to him. The judge used the logically side of brain and found the driver not guilty. Here's the post: [url]http://forum.freeadvice.com/showthread.php?t=209532[/url]

Unfortunately, you'll need to get a lawyer to help get this mess fixed. If found not guilty of DUI, you may also consider paying a lawyer to get that arrest removed from your record. Yes, the arrested for DUI will stay on your record even if the charges are dropped and will be brought up if you are ever accused of DUI again. But hey, what's an extra couple thousand dollars, right?

Good luck.

[newtch]

Well, i have seen many cases where the defendant was found to be not guilty. For some odd reason i have a feeling that i should fight this. My attorney says that the trooper, since he said my foot was on the break and the ignition was on, has enough information to prove i was capable of opperating the vehicle. But since i was parked in a parking lot, the trooper never saw me physicly driving. I think that this is wrong because the state has the bourdon of proofe. What proof is there if no one saw me driving. I took the BAC and HGN test. This is my second offence. Any ideas for a defence. Any ideas for an "outside the box" defence. Thank you.

[You Are Guilty]

Originally Posted by newtch

Well, i have seen many cases where the defendant was found to be not guilty. For some odd reason i have a feeling that i should fight this. My attorney says that the trooper, since he said my foot was on the break and the ignition was on, has enough information to prove i was capable of opperating the vehicle. But since i was parked in a parking lot, the trooper never saw me physicly driving. I think that this is wrong because the state has the bourdon of proofe. What proof is there if no one saw me driving. I took the BAC and HGN test. This is my second offence. Any ideas for a defence. Any ideas for an "outside the box" defence. Thank you.

And to think I was all set to respond until I read that this was your second offense. Not a quick learner, huh?

Anyway, in your case, I think the only box you need to be outside of is the one you stand on to hang yourself, since you're clearly incapable of not drinking anymore.

Good luck.

[BelizeBreeze]

Originally Posted by newtch

What is the name of your state? Illinois. Sleeping in a parking lot. I was leagily parked. I was not obstructing any traffic. The car was off but i was in the drivers seat. Do i maybe have a chance. The officer wrote in his sworn statement that I was sleeping so heavilly he had to work to wake me up. So can he prove i was in physical controll of the car. Was it a wrongfull stop since i was lawfully parked? Also at first i pretty much had all of the paperwork and none of it was sent to the State or the court so how did they eventually get the information.

The arrrest was valid. You WERE legally in control of the car. So, at least you're going to have a much better place to sleep in your near future.

Originally Posted by newtch

What is the name of your state? Illinois. Sleeping in a parking lot. I was leagily parked. I was not obstructing any traffic. The car was off but i was in the drivers seat. Do i maybe have a chance. The officer wrote in his sworn statement that I was sleeping so heavilly he had to work to wake me up. So can he prove i was in physical controll of the car. Was it a wrongfull stop since i was lawfully parked? Also at first i pretty much had all of the paperwork and none of it was sent to the State or the court so how did they eventually get the information.

Somehow I don't think that being passed out behind the wheel will be a good defense.

BUT I have heard of folks winning in cases similar to yours.

Hire a lawyer and fight it. Just remember that you will not be driving (legally) for a very long time (even if you win the drunk driving charge).

[minerzlegal]

The only comment I can lend you is. 1976 I was passed out in my car with the keys in the ignition, and although I was not parked on a main highway, but on a side road, and fully off the road, I received a DUI. It was my first DUI out of 14. Need I say I do not drink anymore, but as this was my first DUI I do remember most of the details. They made the offense stick as the keys were in the ignition and car was running. I was drunk, and in control of the vehicle. The offense stuck, as the judge stated that he felt that the evidence prooved I was drunk then, and after waking up he felt I would still be over the limit, but would drive. That was a long time ago, but that may give you an idea that this is not a new way of wrongfully issuing DUI's. The judge did tell me that the next time I got drunk, and pulled off the side of the road to lock the keys in the trunk. After I had my car towed, and with the tow slip as proof I would be able to proove to him that I did not have control over the car. Not much help for you, but don't think you are the only one. Good luck.

Originally Posted by minerzlegal

The only comment I can lend you is. 1976 I was passed out in my car with the keys in the ignition, and although I was not parked on a main highway, but on a side road, and fully off the road, I received a DUI. It was my first DUI out of 14. Need I say I do not drink anymore, but as this was my first DUI I do remember most of the details. They made the offense stick as the keys were in the ignition and car was running. I was drunk, and in control of the vehicle. The offense stuck, as the judge stated that he felt that the evidence prooved I was drunk then, and after waking up he felt I would still be over the limit, but would drive. That was a long time ago, but that may give you an idea that this is not a new way of wrongfully issuing DUI's. The judge did tell me that the next time I got drunk, and pulled off the side of the road to lock the keys in the trunk. After I had my car towed, and with the tow slip as proof I would be able to proove to him that I did not have control over the car. Not much help for you, but don't think you are the only one. Good luck.

You have stressed an important point: some drunk "driving" laws are really "being in control of a vehicle while drunk" laws.

[You Are Guilty]

Originally Posted by seniorjudge

You have stressed an important point: some drunk "driving" laws are really "being in control of a vehicle while drunk" laws.

Originally Posted by Illinois Vehicle Code

Sec. 11‑501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while: {yadda yadda yadda}

Aren't all state's laws written with control in mind? A key in the ignition here would be plenty to satisfy the requirement. Some states I believe require the car to be running as well, so our OP is off to a great start.

Originally Posted by You Are Guilty

Aren't all state's laws written with control in mind? A key in the ignition here would be plenty to satisfy the requirement. Some states I believe require the car to be running as well, so our OP is off to a great start.

Aren't all state's laws written with control in mind?
I wouldn't have the foggiest.

[You Are Guilty]

OK, I'll make it easier. Have you ever seen any state NOT use "control" language in their DUI statute? I have not (but I still haven't checked Alaska or Hawaii )

Originally Posted by You Are Guilty

OK, I'll make it easier. Have you ever seen any state NOT use "control" language in their DUI statute? I have not (but I still haven't checked Alaska or Hawaii )

No, because I haven't read any other state's law and do not intend to.

I always thought it was hilarious in law school when we studied the concept of statutory history and learned that the presumption is that the legislature knows what it is doing when it passes a law.

Every couple of years, our legislature accidentally repeals a law or two, then, after they adjourn, has to rush back into session to re-enact it. (Dems and Repubs are both guilty of it.)

[mellofello1]

I recieved my second DUI for a very similar situation. Forget about winning on physical control, by Illinois law you were in physical control of the car. You may have a chance to prove that the officer did not have probable cause to approach your car. In my case, the officer said he was concerned for my well-being and approached the car in a care-taking manner, then when he supposedly smelled a "stong odor of alcohol" his job changed from care-taking to investigating. If someone called and complained about you being parked there he had probable cause. The officer may say that it was unusual for someone to be parked there sleeping and that that is probable cause. If this is your second DUI you are more or less guilty until you prove your innocense, sorry. Also, as far as private property goes, I was in a Hardee's parking lot, the judge said the officer had just as much right to be there as me, and since he originally approached the vehicle in a care-taking manner, it was all legal. The only other chance is if perhaps someone dropped you off there after drinking and you never entered public roadways. Also, thank you for doing the right thing and NOT driving.

[mellofello1]

In my case I elected a bench trial. I think I would have been better off to choose a jury trial. I think you would have a good chance if you hire a good trial lawyer and go to a jury trial