Charged with DUI without driving
Question Details: Boyfriend charged with DUI in Florida. He was not driving as the vehicle was out of gas. The arresting officer said he found him behind the wheel attempting to start the vehicle. Iis there any way out of this?
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Probably not. I'm not a Florida attorney, but I know that in New Jersey, "operating" a motor vehicle, in a DUI case, doesn't take more than getting behind the wheel in a public place.
Usually, attempting to commit a criminal offense can be prosecuted on basically the same terms as if the attempt had been completed. The fact that the vehicle was out of gas probably doesn't matter.
Your boyfriend should have a lawyer represent him, if for no other reason than to make sure his sentence is kept to a minimum.
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