DUI CASE: CAN THEY CHARGE ME FOR A DUI IF IWAS NOT DRIVING SITTING IN MY CAR INFRONT OF MY HOME?

I WANT TO KNOW CAN I BEAT A DUI CHARGE IF I WAS NOT DRIVING. I WAS DROPPED OFF FROM A BAR TO MY HOUSE BY FRIENDS IN MY CAR BECAUSE I WAS TO INTOXICATED DRIVE HOME… I WENT IN MY HOME AND CAME BACK OUT TO CHARGE MY PHONE WITH MY CAR CHARGER I FELL ASLEEP WIATING FOR TEXT WHEN I WAS AWAKEN BY THE POLICE…I WAS SLEEP IN MY CAR APPROX. 3HOURS BEFORE THE COPS CAME…THEY ASKED ME TO STEP OUT THE CAR AND GAVE ME ROAD SOBERIETY TESTS…THEY SEARCHED MY CAR WITH OUT MY PERMISSION AND FOUND A SHOT GLASS SIZE BOTTLE UNDER THE PASSENGER SIDE SEAT THAT BEEN THEIR FOR MONTHS AND CHARGED ME WITH AN OPENC

Asked on May 27, 2009 under Criminal Law, Georgia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Georgia lawyer.  I think you need to hire an attorney in your area, because the argument you want to make might be possible, but it will certainly be at least difficult, depending on all of the facts of your case.  One place to look for defense counsel is our website, http://attorneypages.com

Whether sitting in the driver's seat of a parked car is considered driving, for DUI purposes, is very much a subject of state law, which can differ from place to place, and this is probably not in the printed law, but in the decided cases.


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