Sleeping at the wheel

[faliol]

What is the name of your state? NC

I had posted a few weeks ago about how I was arrested for DWI when I was parked on the side of the road sleeping with the keys not in the ignition...

And I got a question...I've read people have gotten off this type of charge with sleeping, such as this guy: [url]http://forum.freeadvice.com/showthread.php?t=209532[/url]

Now, could we use cases like this that have been found not guilty to help with my case? Because I do not know how a judge could convict me if others have gotten off on similar circumstances...the person in that post above even had his keys in the ignition and car running, and I did not have the keys in the ignition. I know of lawyers using past cases to help with defense. Like we could gather the case numbers of people of who have gotten off in this way and present them to the judge.

Because if the judge convicts me, isn't that a double standard? Why would it be fair if someone got off and another did not?

Any thoughts?

Thanks!

[marcellus91872]

You are comparing O.J.'s to Petersons!!!

[sukharev]

The outcome may depend on what the circumstances were. For example, where was the car and how did it get there? I agree, you were not driving when the officer woke you up, but somehow you drove the car earlier...

Anyhow, you can start by looking up the statute for DWI, and if it says DRIVING, not operating, then looking up the cases from that other post, especially appeals. Then, before beginning of the trial, give copies of those cases to the judge and prosecutor, and state that this is the caselaw you plan to use during trial. And, during trial, you can refer to those cases when making the argument. However, once again, circumstances are different in those cases, so you have to convince the judge your case is similar. Still, will depend on judge's mood or, say, recent introduction of zero tolerance policy or whatever...

[faliol]

Thanks sukharev

I did drive there but I had went to a bar right by where I parked so I did not drive after I had drunk.

The stature specifically says "driving" not operating...for NC law.

How do I go about researching for the similar cases and get their dock number, or whatever? Would my attorney do this?

THanks again!

Kevin

[sukharev]

If you have an attorney, yes, he can and should do this. If you do it yourself, search the web, go to local law school library or pay a small fee for online law search tools. Good luck.