Can I fight this DUI and win if my car was never in motion and nor did I intend to drive? 14 Answers as of March 31, 2014

I was charged with a DUI while sitting in my car after someone had hit me in the face. I sat in my car to remove myself from a toxic situation. The police were called as I was calling for a ride.

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Law Office of Robert E McCall | Robert McCall
If you were in "actual physical control" of the car you are caught.
Answer Applies to: Florida
Replied: 3/28/2014
Robert S. Evans ESQ | Robert S. Evans ESQ
You have a possible defense ,however I need more info before rendering a professional opinion.
Answer Applies to: New York
Replied: 3/31/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
If you are sitting in a vehicle drunk with the keys in your pocket, you are in control of the vehicle. So, the prosecutor can file DUI charges.
Answer Applies to: Georgia
Replied: 3/28/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Not by yourself you won't. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 3/28/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
Was your key in the ignition? Was the vehicle running? These questions are relevant to the issue of "operating a motor vehicle". This may be a good defense.
Answer Applies to: Michigan
Replied: 3/28/2014
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    In my humble opinion you can be charged and I would urge you to consult an attorney who is skilled representing persons charged with DUI.
    Answer Applies to: District of Columbia
    Replied: 3/28/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It depends upon where the car was parked. If it was on or just off a public road, the logical inference would be you drove it on a public road to get it there. That does not necessarily mean you will be convicted or your case won't get dismissed with a proper motion. There maybe other problems with the case as well such as with the evidential breath test. That is why it is extremely important that you retain a highly experienced and skill DUI attorney in your area.
    Answer Applies to: Michigan
    Replied: 3/28/2014
    Hudson Bair | Hudson Bair
    The prosecution definitely has a problem under these facts, you will likely need a DUI defense attorney to advance the defense and hopefully help you avoid conviction.
    Answer Applies to: California
    Replied: 3/28/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Tell it to the Judge but he won't buy it. Whenever and wherever you are in control of a vehicle while under the influence you're fair game DUI.
    Answer Applies to: Nevada
    Replied: 3/28/2014
    The Law Offices of Colavecchio & Colavecchio, PLLC | Michael Colavecchio
    In this situation, you have a good chance of winning.
    Answer Applies to: Tennessee
    Replied: 3/31/2014
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    Yes, you can be charged with a DUI while sitting in a car without the engine running. The police hear this all the time, so it's understandable why they don't believe someone when they claim they weren't planning to drive.
    Answer Applies to: Missouri
    Replied: 3/28/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Get a very good attorney, generally if you are in a position to operate the vehicle is possible to be cited for DUI.
    Answer Applies to: Michigan
    Replied: 3/28/2014
    Law Offices of Nicholas M. Loncar
    Law Offices of Nicholas M. Loncar | Nicholas M. Loncar
    Absolutely. It's a bit of a borderline case, but the government must prove driving beyond a reasonable doubt. Should be grounds for dismissal, trial win or at least a good deal. Consult with some local attorneys soon.
    Answer Applies to: California
    Replied: 3/28/2014
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    So long as you were inside the vehicle and there were keys accessible to you. That is sufficient evidence to prove "actual physical control" and you can be found guilty of a DUI.
    Answer Applies to: Illinois
    Replied: 3/28/2014
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