He was homeless at the time and had no where to sleep. That's why he was in his car, drunk, but not driving, just sleeping.
2007-04-14 12:56:03 · 29 answers · asked by scdj1979 3 in Politics & Government ➔ Law & Ethics
If he was sitting in the drivers seat and the keys were in the ignition, then he is toast.
If he was laying in the back seat, then he has a case.
2007-04-14 13:04:27 · answer #1 · answered by jeeper_peeper321 7 · 0⤊ 1⤋
It's arguable. It all depends on how the law is written.
If the DUI law actually requires operating the motor vehicle, and he can show that he never turned the car on while he was intoxicated, then he might be off the hook (for the DUI).
However, if the DUI law includes just being behind the wheel when the vehicle is on a public road, then under that statute he is culpable. His lawyers best bet would be to challenge the statute as improperly regulating a non-criminal behavior -- just sitting drunk in his car.
2007-04-14 13:03:51 · answer #2 · answered by coragryph 7 · 1⤊ 1⤋
you should look the laws up where you live, the thing is did he drive his self to a club ,get drunk in his car, was he with anyone,was his car parked there when he came back, was there anyone with him, was the keys in the ignition, if not and he has a witness is suggest you try and get a lawyer or when his trial comes up if he has any witness they can say what they know to the judge, but if he got a dui and he was in his car why didn't the cop take him to a holding cell untill the next morning,so i say to your friend ask yourself all these questions then go and get your eveidence togethrer so when the day comes you can prove you case, and pruff that he was homeless, when it comes to cops or even going by the law of not driving while drunk even if your sitting in your car waiting to sober up, the law doesn't understand and they the ones who said don't drive drunk and made the law so i pray that your friend gets off.
2007-04-14 13:24:15 · answer #3 · answered by faith 2 · 0⤊ 1⤋
This will be hard for him to fight, simply because if he was in his car with access to the keys and able to drive away while drunk who's to say he did not already do so?
Usually when police come up on a car with someone "asleep/passed out" they have to assume they were driving.
Best bet, try to plea it down.
2007-04-14 16:56:42 · answer #4 · answered by Jeni 4 · 0⤊ 0⤋
No, probably not my ex was arrested years ago for a DUI parked keys were not in the ignition and he sleeping also and he was charged too. He couldn't get out of it because he was intoxicated in a vehicle with the keys, sleeping or not he had no way of proving he had no intention of driving.
2007-04-14 13:02:07 · answer #5 · answered by flyersgrl 3 · 2⤊ 1⤋
Well, no he really can't fight it. Most statutes on DUI state that just being in your car drunk is enough. The keys do not have to be in the ignition, and the car does not have to be running. I suggest that he ask for a public defender. He may be able to negotiate something, but it is unlikely that he will prevail.
2007-04-14 13:01:22 · answer #6 · answered by cyanne2ak 7 · 2⤊ 1⤋
My step dad also had something like this happen!! He was on his way home and decided that he had had to much to drink so he pulled over on the side of the road and fell asleep. An officer pulled over and woke him up and charged him with a DUI. They said that since he had the keys in his possession that they could charge him. He fought it with an attorney and ended up winning the case but, it cost alot of attorney fees!!! Tell your friend Good Luck!!!!!
2007-04-14 13:01:32 · answer #7 · answered by Anonymous · 1⤊ 1⤋
They can say that he was planning on driving. If he didn't have the car keys then they wouldn't be able to say that. If he goes to court and gets a good lawyer, he could almost definitely get the charges dropped. Oftentimes, they will charge people with a DUI 'persay' and drop the charges to something smaller with a fine.
Law enforcement has found a new way to make money besides the 'drug wars'. That would be through DUIs and the amount of money it provides.
2007-04-14 13:00:00 · answer #8 · answered by Anonymous · 1⤊ 4⤋
Sure he can fight it..but you have to admit it was reasonable for the police to assume he was driving intoxicated.
He will just have to convince the judge/jury he was sleeping there and not driving...and hope he was not sleeping somewhere illegal and he gets charged with that.
2007-04-14 16:22:02 · answer #9 · answered by Dr. Luv 5 · 0⤊ 0⤋
I think if he was in possession of the keys you can't fight it! It is a silly law as, what if you are sleeping in the car so you didn't drink and drive! You just can't win these days!
2007-04-14 13:05:20 · answer #10 · answered by sunnygirl 3 · 0⤊ 1⤋