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In a parked car.

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S

Seth

Guest
I'm 17 years old, and was just recently arrested for a DUI. I have decided to protest it because of the circumstances of the situation. I drove to a parking lot, parked, and got drunk right there. I did not want to drink and drive so I decided to sleep in my car for the night, therefore I never actually drank and drove. When I was approached by officers, my keys were in the ignition because I was turning the car on periodicly for the heater to work, but I was sleeping.

So my question is this: Granted I am underaged, was drunk, and my keys were in the ignition, do I still have an arguement in court to say that I never actually drove and protest the DUI charge?
 


C

chaplain

Guest
In a bizarre, twisted way, they really do have you. The bare bones of it isn't necessarily whether you were driving while drunk, but whether you were operating a motor vehicle while drunk. Even if you're in the back seat, if you reach over the front seat to turn on the motor to use the heater, then you're operating a motor vehicle.

In their eyes, even if you're on private property, as long as you're within that state's borders, you're operating a motor vehicle within the state.
 
M

makanai

Guest
I didn't notice what state you were from, so my answer echos the previous post.

In many states, "operating" a vehicle means anytime you are in the vehicle. In some states you don't even need to have the keys in the ignition (as, technically, you could put the car in neutral and have it move).

You need to determine whether or not the state you are in has similar precedents. I would advise you to repost and list your state, an attorney from that state may be able to tell you specifically.

If, by chance, you are from Ohio, I can tell you that they can charge you with OMVI (same as DUI) if the keys are in the ignition.
 

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