DWI ARREST BUT WAS NOT DRIVING?
Wednesday, August 6th, 2008 at
1:06 am
tallsnuke asked:
My son was arrested for DWI after an officer found him accidentally asleep behind the wheel of his car waiting for a relative to open an apt. complex entrance gate. The officer walked up to the Cialis whithout prescription car, found him napping, detected a smell of alcohol and arrested him for DWI. We have an attorney who initially suggested taking it to trial because he was not driving and was on private property. But, now the attorney feels we should accept a plea bargain. Are there any suggestions how best this should be resolved; trial or plea bargain?
My son was arrested for DWI after an officer found him accidentally asleep behind the wheel of his car waiting for a relative to open an apt. complex entrance gate. The officer walked up to the Cialis whithout prescription car, found him napping, detected a smell of alcohol and arrested him for DWI. We have an attorney who initially suggested taking it to trial because he was not driving and was on private property. But, now the attorney feels we should accept a plea bargain. Are there any suggestions how best this should be resolved; trial or plea bargain?
You can not be guilty of DRIVING while intoxicated if you were not DRIVING!
Fight it to the highest levels …even if you have to borrow the money.
Your attorney has read the police report, knows the judge assigned to the case, and knows how best to fight the case as each case is different. Go with what your attorney recommends.
As far as driving the car. The charge is due to his operation of the car. Courts have determined that if a person is behind the wheel of the car and has the keys to the car, then that person is operating the car. The DWI law is written, operating a motor vehicle. Happens all the time to people who have had too much to drink and decided to sleep it off in a parking lot, rather than drive home.
He was sitting the drives seat with keys to the car under the influence. That’s all they need.
He either 1. drove the car there or 2. was going to drive the car from that location but passed out first.
Next time- tell him to crawl in the back seat and take a nap back there. (but they could still get him for public drunk if they wanted)
As it is — they got him. The officer does not have to see him actually driving.
I’d suggest taking a plea.
You better take the plea bargain.My son-in -law went through the same think.He was in his driveway pass-out in the driverside of his truck,motor off.They issued him a sitation for DWI.
NO you do not want that on your record; It increases your insurance. it will also mess up your credit because bank well check for it in some cases. What i think you need to do is to find out what type of Breathalyzer was used. Get the manual for the breathalyzer and find out how often it needs to be calibrated then go to the law library and get the calibration records. If they have not been calibrated you have good case. depending on were you are thees records can be acquired differently. look into everything. if he is a diabetic you can most likely walk. Do any thing you can to keep this off your sons record. most employers will see it, finding a apartment will be a lot harder. Do EVERYTHING you can to keep that off the record. Good luck
He wasn’t asleep- he was passed out drunk. Stop the denial. If every person arrested for DWI could use that excuse, we’d have no DWI convictions. He was behind the wheel of a motor vehicle for what- trying on dress slacks? Wake up and get your son the help he needs.
It just depends on what state you are in. In some states, if the keys were in the ignition, even if the motor was off, you can be arrested for DUI. I would take the plea. Yes, it will mess things up for him a little bit, but maybe he will learn something and not do it again. I have found, in my job, that getting out of, and not taking responsibility for something you did doesn’t always help in the long run.