I got a ticket on saturday night while parking my vehicle with the motor running. I was in the driver seat with my seat belt on and my keys in my hand,and I was asleep. Then an officer knock on my window and woked me up . He made me take the soberity test four times after blowing .12 on the first time. Finally he stayed with the last result of .18. I got arrested and taken to jail overnight.
I explained to the officer that my friends drove my vehicle to the location where my husband was supposed to meet me to drive my vehicle home. I also explained to the officer that I was not driving and that my vehicle was running because it was cold and I used my remote starter to start the vehicle and the keys still in my pocket. The officer told me that I had the intent to drive, that's why he wrote me the ticket .
2006-12-04 14:15:18 · 29 answers · asked by aidashop 1 in Politics & Government ➔ Law Enforcement & Police
The signs would indicate that you HAD been driving, and stopped to sleep it off. In your story above you say once, that the keys were in your hand then near the end say they were in your pocket. Also, why wait for your husband while buckled in the DRIVER's seat?? You've got a lot against you. But intent is in your mind, not the cop's. If you could prove (by your actions or the testimony of witnesses) that you did not intend to drive (drunk) then you should have a chance - with a lawyer. You need those friends who dropped you off to testify as well as the record of your call to your husband (by cell phone?). And who drove your car to the drop off point? Why didn't you just wait at the bar or club or wherever you were drinking?
If you can't come up with these serious bits of evidence and testimony, don't even try to get out of this. Ask if you can take a plea and hope for a good deal. One thing on your side is that you weren't stopped WHILE driving. It could be argued that this showed good judgment. Well, better than if you'd been driving.
2006-12-04 15:25:12 · answer #1 · answered by Daniel J 2 · 1⤊ 0⤋
Yes. If you are in the drivers seat you are in control of the vehicle. That is all the officer really needs. The fact that the key was in the igntion, your seatbelt was on, and the car was also on gives the officer more evidence against you and proves that you had intent to drive.
2006-12-05 20:24:56 · answer #2 · answered by Cute T Pie 2 · 0⤊ 0⤋
Everyone is probably right. In all states that I know of if you are asleep in the driver's seat and the engine is running you are deemed to be "operating" the vehicle. I worked as a prosecutor for a while though and I know that juries can sometimes be nullified in cases like this. You can convince them that you did the best you could to avoid driving while intoxicated and you shouldn't be charged for that. Get a good attorney and you never know.
2006-12-04 23:58:51 · answer #3 · answered by Steady 1 · 0⤊ 0⤋
The officer had probable cause to arrest you. You can however pay for a lawyer to dispute the charges but again you will have to pay an attorney well in order to get out of that mess. Word to the wise, next time sit in the passenger seat. You at least will have a better defense.
2006-12-04 22:21:26 · answer #4 · answered by Sassy Shut Your Mouth 5 · 1⤊ 0⤋
OK, first what the police need to establish is..
1. Is the driver intoxicated?
2. Was the driver in actual physical control of the vehicle
You field sobriety and the fact you were admittedly too drunk to drive waiting for your spouse..if that's true,, you told two different stories about where your keys were.. Why would you be wearing your seat belt to sleep, let alone if you were waiting for your spouse to drive. Even if you keys were in your pocket you could have at any time get them out and use them. (that's what we call actual physical control of the vehicle) How did he "make" you do field sobriety,,, did he drag you around like a puppet and hold you lips on the pbt and blow for you. Sorry but you were wrong and now you need to pay the consequences for it.
2006-12-04 23:31:58 · answer #5 · answered by gotseatbelts 2 · 3⤊ 2⤋
He got you fair and square, give it up. Plead stupidity.
You have to be in the back seat of your car, the keys out of the ignition to make the, I didn't realize 20 drinks would get me drunk so I pulled over, concerned citizen that I am, story to work. You must have floated to your car to rate an 18. Why didn't your friends drive you the rest of the way, they were half way there?? I can see the judge rolling his eyes already.
2006-12-05 08:02:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋
In my state, under most circumstances, you would be considered "driving or in actual physical control of a vehicle" which qualifies you for DWI. If you were in the back seat or passenger side, you would probably slide, but not in the driver's seat.
2006-12-05 21:06:27 · answer #7 · answered by Mike S 1 · 0⤊ 0⤋
There's no way to prove to the officer that the "intent" to drive the car wasn't there. For all he knew, you had just passed out. Next time sleep it off in the passenger side or back seat, just be careful where you park.
2006-12-04 22:49:10 · answer #8 · answered by Morgan P 2 · 0⤊ 0⤋
Friend of mine went through a similar scenario a couple years ago. But in his case the engine was not running. He tried telling the officer he intended to sleep in his truck till he was sober enough to drive, but it didn't work for him -- he's busted.
So that's what they call in the legal biz a precedent.
You've got a problem and need professional legal help.
I know that's not the answer you wanted -- sympathy but not good news.
2006-12-04 22:30:25 · answer #9 · answered by KARL 1 · 0⤊ 0⤋
You were arrested b/c you failed your field sobriety test, showing you were impared, and you were in the driver's seat of a vehicle with engine running showing intent to drive. I don't believe your story about your friends dropping you off either. Where were your keys again? In your hand or your pocket? Trying your lies out on the Yahoo Q/A audience first, huh? You got what you deserved. Good luck.
2006-12-04 22:22:07 · answer #10 · answered by BrutalBaby 4 · 2⤊ 2⤋