DUI in driveway

[Elock01]

What is the name of your state (only U.S. law)? ---Nebraska

I was at a house that got busted and the police came. they let people leave so i walked out and walked to a friends apartment. about 30 minutes later my friends and i left the apartment and walked back to my car.

i started my truck, and then noticed a cop coming down the street. Before he got out of his car i turned my truck off, took the keys out of the ignition and set them on the center console.

My truck was located in this private driveway the entire time, the police never saw me move it. I got charged with a DUI. Can i possibly get this dropped since i was in a private driveway and the cop never saw my keys in the ignition? My vehicle never moved

 

[Employee120375]

I am not a legal person , but someone recently had the same issue next door to me there was even property damage the police state in IL they could not arrest due to it being on private property.

 

[FlyingRon]

Nebraska isn't Illinois (and I'm not even sure what your saying has any bearing there).

Nothing in Nebraska's statutes says you have to be operating on the public road. Nebraska just says "operates or has under his/her physical control a motor vehicle in this state" in the statutes.

You need a lawyer.

 

[Mass_Shyster]

Take a look at State v. Baker, 395 NW 2d 766 - Neb: Supreme Court 1986

- Google Scholar

Defendant, found asleep with keys in pocket, was convicted of operating or being in actual physical control of a motor vehicle while under the influence of alcoholic liquor.

You need a lawyer.

 

[Elock01]

I am getting a lawyer no matter what.

Also, as for that case, that guy was found in a turning lane and they had enough evidence to prove that he drove there while under the influence. I did not drive anywhere drunk since they did arrest me and took me to detox. The 3 people I was with got a safe ride home. They could be possible witnesses to show that I did not drive drunk? I have an appointment with somebody on Friday and am just hoping to get some advice before hand.

 

[FlyingRon]

I am getting a lawyer no matter what.

Also, as for that case, that guy was found in a turning lane and they had enough evidence to prove that he drove there while under the influence. I did not drive anywhere drunk since they did arrest me and took me to detox. The 3 people I was with got a safe ride home. They could be possible witnesses to show that I did not drive drunk? I have an appointment with somebody on Friday and am just hoping to get some advice before hand.

You were in control of the vehicle. The statute doesn't require you to even have the engine running. The presumption wasn't that he had to drive there.

 

[proud_parent]

Under what section were you charged, Elock?

 

[Elock01]

I'm not sure...idk where to find that at either